[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3133 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3133

 To provide for the registration of sex offenders and for appropriate 
       notification of their whereabouts, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2005

 Mr. Foley (for himself and Mr. Cramer) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for the registration of sex offenders and for appropriate 
       notification of their whereabouts, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sex Offender Registration and 
Notification Act''.

SEC. 2. DECLARATION OF PURPOSE.

    In response to the vicious attacks by violent sexual predators 
against the victims listed below, Congress in this Act establishes a 
comprehensive national system for the registration of sex offenders:
            (1) Jacob Wetterling, who was 11 years old, was abducted in 
        1989 in Minnesota, and remains missing.
            (2) Megan Nicole Kanka, who was 7 years old, was abducted, 
        sexually assaulted and murdered in 1994, in New Jersey.
            (3) Pam Lychner, who was 31 years old, was attacked by a 
        career offender in Houston, Texas.
            (4) Jetseta Gage, who was 10 years old, was kidnapped, 
        sexually assaulted, and murdered in 2005 in Cedar Rapids, Iowa.
            (5) Dru Sjodin, who was 22 years old, was sexually 
        assaulted and murdered in 2003, in North Dakota.
            (6) Jessica Lunsford, who was 9 years, was abducted, 
        sexually assaulted, buried alive, and murdered in 2005, in 
        Homosassa, Florida.
            (7) Sarah Lunde, who was 13 years old, was strangled and 
        murdered in 2005, in Ruskin, Florida.
            (8) Amie Zyla, who was 8 years old, was sexually assaulted 
        in 1996 by a juvenile offender in Waukesha, Wisconsin, and has 
        become an advocate for child victims and protection of children 
        from juvenile sex offenders.
            (9) Christy Ann Fornoff, who was 13 years old, was 
        abducted, sexually assaulted and murdered in 1984, in Tempe, 
        Arizona.
            (10) Alexandra Nicole Zapp, who was 30 years old, was 
        brutally attacked and murdered in a public restroom by a repeat 
        sex offender in 2002, in Bridgewater, Massachusetts.

 TITLE I--JACOB WETTERLING SEX OFFENDER REGISTRATION AND NOTIFICATION 
                                PROGRAM

SEC. 101. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA EXPANSION OF SEX 
              OFFENDER DEFINITION AND EXPANDED INCLUSION OF CHILD 
              PREDATORS.

    In this Act the following definitions apply:
            (1) Sex offender registry.--The term ``sex offender 
        registry'' means a registry of sex offenders, and a 
        notification program, maintained by a jurisdiction.
            (2) Jurisdiction.--The term jurisdiction means any of the 
        following:
                    (A) A State.
                    (B) The District of Columbia.
                    (C) The Commonwealth of Puerto Rico.
                    (D) Guam.
                    (E) American Somoa.
                    (F) Northern Mariana Islands.
                    (G) The United States Virgin Islands.
                    (H) A federally recognized Indian tribe.
            (3) Amie zyla expansion of sex offender definition.--The 
        term ``sex offender'' means an individual who, either before or 
        after the enactment of this Act, was convicted of, or 
        adjudicated a juvenile delinquent for, an offense (other than 
        an offense involving sexual conduct where the victim was at 
        least 13 years old and the offender was not more than 4 years 
        older than the victim and the sexual conduct was consensual, or 
        an offense consisting of consensual sexual conduct with an 
        adult) whether Federal, State, local, tribal, foreign (other 
        than an offense based on conduct that would not be a crime if 
        the conduct took place in the United States), military, 
        juvenile or other, that is--
                    (A) a specified offense against a minor;
                    (B) a serious sex offense; or
                    (C) a misdemeanor sex offense against a minor.
            (4) Expansion of definition of offense to include all child 
        predators.--The term ``specified offense against a minor'' 
        means an offense against a minor that involves any of the 
        following:
                    (A) Kidnapping (unless committed by a parent).
                    (B) False imprisonment (unless committed by a 
                parent).
                    (C) Solicitation to engage in sexual conduct.
                    (D) Use in a sexual performance.
                    (E) Solicitation to practice prostitution.
                    (F) Possession, production, or distribution of 
                child pornography.
                    (G) Criminal sexual conduct towards a minor.
                    (H) Any conduct that by its nature is a sexual 
                offense against a minor.
                    (I) Any other offense designated by the Attorney 
                General for inclusion in this definition.
                    (J) Any attempt or conspiracy to commit an offense 
                described in this paragraph.
            (5) Sex offense.--The term ``sex offense'' means a criminal 
        offense that has an element involving sexual act or sexual 
        contact with another, or an attempt or conspiracy to commit 
        such an offense.
            (6) Serious sex offense.--The term ``serious sex offense'' 
        means--
                    (A) a sex offense punishable under the law of a 
                jurisdiction by imprisonment for more than one year;
                    (B) any Federal offense under chapter 109A, 110, 
                117, or section 1591 of title 18, United States Code;
                    (C) an offense in a category specified by the 
                Secretary of Defense under section 115(a)(8)(C) of 
                title I of Public Law 105-119 (10 U.S.C. 951 note); and
                    (D) any other offense designated by the Attorney 
                General for inclusion in this definition.
            (7) Misdemeanor sex offense against a minor.--The term 
        ``misdemeanor sex offense against a minor'' means a sex offense 
        against a minor punishable by imprisonment for not more than 
        one year.
            (8) Student.--The term ``student'' means an individual who 
        enrolls or attends an educational institution, including 
        (whether public or private) a secondary school, trade or 
        professional school, and institution of higher education.
            (9) Employee.--The term ``employee'' includes an individual 
        who is self-employed or works for any other entity, whether 
        compensated or not.
            (10) Resides.--The term ``resides'' means, with respect to 
        an individual, the location of the individual's home or other 
        place where the individual lives.
            (11) Minor.--The term ``minor'' means an individual who has 
        not attained the age of 18 years.

SEC. 102. REGISTRY REQUIREMENTS FOR JURISDICTIONS.

    Each jurisdiction shall maintain a jurisdiction-wide sex offender 
registry conforming to the requirements of this Act. The Attorney 
General shall issue and interpret guidelines to implement the 
requirements and purposes of this Act.

SEC. 103. REGISTRY REQUIREMENTS FOR SEX OFFENDERS.

    (a) In General.--A sex offender must register, and keep the 
registration current, in each jurisdiction where the offender resides, 
where the offender is an employee, and where the offender is a student.
    (b) Initial Registration.--The sex offender shall initially 
register--
            (1) before completing a sentence of imprisonment with 
        respect to the offense giving rise to the registration 
        requirement; or
            (2) not later than 5 days after being sentenced for that 
        offense, if the sex offender is not sentenced to a term of 
        imprisonment.
    (c) Keeping the Registration Current.--A sex offender must inform 
each jurisdiction involved, not later than 5 days after each change of 
residence, employment, or student status.
    (d) Retroactive Duty to Register.--The Attorney General shall 
prescribe a method for the registration of sex offenders convicted 
before the enactment of this Act.
    (e) State Penalty for Failure to Comply.--Each jurisdiction shall 
provide a criminal penalty, that includes a maximum term of 
imprisonment that is greater than one year, for the failure of a sex 
offender to comply with the requirements of this Act.

SEC. 104. INFORMATION REQUIRED IN REGISTRATION.

    (a) Provided by the Offender.--The sex offender must provide the 
following information to the appropriate official for inclusion in the 
sex offender registry:
            (1) The name of the sex offender (including any alias used 
        by the individual).
            (2) The Social Security number of the sex offender.
            (3) The address and location of the residence at which the 
        sex offender resides or will reside.
            (4) The place where the sex offender is employed or will be 
        employed.
            (5) The place where the sex offender is a student or will 
        be a student.
            (6) The license plate number of any vehicle owned or 
        operated by the sex offender.
            (7) A photograph of the sex offender.
            (8) A set of fingerprints and palm prints of the sex 
        offender, if the appropriate official determines that the 
        jurisdiction does not already have available an accurate set.
            (9) A DNA sample of the sex offender, if the appropriate 
        official determines that the jurisdiction does not already have 
        available an appropriate DNA sample.
            (10) Any other information required by the Attorney 
        General.
    (b) Provided by the Jurisdiction.--The jurisdiction in which the 
sex offender registers shall include the following information in the 
registry for that sex offender:
            (1) A statement of the facts of the offense giving rise to 
        the requirement to register under this Act.
            (2) The criminal history of the sex offender.
            (3) Any other information required by the Attorney General.

SEC. 105. DURATION OF REGISTRATION REQUIREMENT.

    A sex offender shall keep the registration current--
            (1) for the life of the sex offender, if the offense is a 
        specified offense against a minor, a serious sex offense, or a 
        second misdemeanor sex offense against a minor; and
            (2) for a period of 20 years, in any other case.

SEC. 106. IN PERSON VERIFICATION.

    A sex offender shall appear in person and verify the information in 
each registry in which that offender is required to be registered not 
less frequently than once every six months.

SEC. 107. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRATION REQUIREMENTS AND 
              TO REGISTER.

    An appropriate official shall, shortly before release from custody 
of the sex offender, or, if the sex offender is not in custody, 
immediately after the sentencing of the sex offender, for the offense 
giving rise to the duty to register--
            (1) inform the sex offender of the duty to register and 
        explain that duty;
            (2) require the sex offender to read and sign a form 
        stating that the duty to register has been explained and that 
        the sex offender understands the registration requirement; and
            (3) ensure that the sex offender is registered.

SEC. 108. JESSICA LUNSFORD ADDRESS VERIFICATION PROGRAM.

    (a) Establishment.--There is established the Jessica Lunsford 
Address Verification Program (hereinafter in this section referred to 
as the ``Program'').
    (b) Verification.--In the Program, an appropriate official shall 
verify the residence of each registered sex offender not less than 
monthly or, in the case of a sex offender required to register because 
of a misdemeanor sex offense against a minor, not less than quarterly.
    (c) Use of Mailed Form Authorized.--Such verification may be 
achieved by mailing a nonforwardable verification form to the last 
known address of the sex offender. The date of the mailing may be 
selected at random. The sex offender must return the form, including a 
notarized signature, within a set period of time. A failure to return 
the form as required may be a failure to register for the purposes of 
this Act.

SEC. 109. NATIONAL SEX OFFENDER REGISTRY.

    The Attorney General shall maintain a national database at the 
Federal Bureau of Investigation for each sex offender and other person 
required to register in a jurisdiction's sex offender registry. The 
database shall be known as the National Sex Offender Registry.

SEC. 110. DRU SJODIN NATIONAL SEX OFFENDER PUBLIC WEBSITE.

    (a) Establishment.--There is established the Dru Sjodin National 
Sex Offender Public Website (hereinafter referred to as the 
``Website'').
    (b) Information to Be Provided.--The Attorney General shall 
maintain the Website as a site on the Internet which allows the public 
to obtain relevant information for each sex offender by a single query 
in a form established by the Attorney General.
    (c) Electronic Forwarding.--The Attorney General shall ensure 
(through the National Sex Offender Registry or otherwise) that updated 
information about a sex offender is immediately transmitted by 
electronic forwarding to all relevant jurisdictions, unless the 
Attroney General determines that each jurisdiction has so modified its 
sex offender registry and notification program that there is no longer 
a need for the Attorney General to do.

SEC. 111. PUBLIC ACCESS TO SEX OFFENDER INFORMATION THROUGH THE 
              INTERNET.

    Each jurisdiction shall make available on the Internet all 
information about each sex offender in the registry, except for the 
offender's Social Security number, the identity of any victim, and any 
other information exempted from disclosure by the Attorney General. The 
jurisdiction shall provide this information in a manner that is readily 
accessible to the public.

SEC. 112. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE ZAPP COMMUNITY 
              NOTIFICATION PROGRAM.

    (a) Establishment of Program.--There is established the Megan 
Nicole Kanka and Alexandra Nicole Zapp Community Program (hereinafter 
in this section referred to as the ``Program'').
    (b) Notification.--In the Program, as soon as possible, and in any 
case not later than 5 days after a sex offender registers or updates a 
registration, an appropriate official in the jurisdiction shall provide 
the information in the registry (other than information exempted from 
disclosure by the Attorney General) about that offender to the 
following:
            (1) The Attorney General, who shall include that 
        information in the National Sex Offender Registry.
            (2) Appropriate law enforcement agencies (including 
        probation agencies, if appropriate), and each school and public 
        housing agency, in each area in which the individual resides, 
        is employed, or is a student.
            (3) Each jurisdiction from or to which a change of 
        residence, work, or student status occurs.
            (4) Any agency responsible for conducting employment-
        related background checks under section 3 of the National Child 
        Protection Act of 1993 (42 U.S.C. 5119a).
            (5) Social service entities responsible for protecting 
        minors in the child welfare system.
            (6) Volunteer organizations in which contact with minors or 
        other vulnerable individuals might occur.

SEC. 113. ACTIONS TO BE TAKEN WHEN SEX OFFENDER FAILS TO COMPLY.

    An appropriate official shall notify the Attorney General and 
appropriate State and local law enforcement agencies of any failure by 
a sex offender to comply with the requirements of a registry. The 
appropriate official, the Attorney General, and each such State and 
local law enforcment agency shall take any appropriate action to ensure 
compliance.

SEC. 114. IMMUNITY FOR GOOD FAITH CONDUCT.

    Law enforcement agencies, employees of law enforcement agencies and 
independent contractors acting at the direction of such agencies, and 
officials of jurisdictions and other political subdivisions shall not 
be civilly or criminally liable for good faith conduct under this Act.

SEC. 115. DEVELOPMENT AND AVAILABILITY OF REGISTRY MANAGEMENT SOFTWARE.

     The Attorney General shall develop and support software for use to 
establish, maintain, publish, and share sex offender registries.

SEC. 116. FEDERAL DUTY WHEN STATE PROGRAMS NOT MINIMALLY SUFFICIENT.

    If the Attorney General determines that a jurisdiction does not 
have a minimally sufficient sex offender registration program, the 
Department of Justice shall, to the extent practicable, carry out the 
duties imposed on that jurisdiction by this Act.

SEC. 117. PERIOD FOR IMPLEMENTATION BY JURISDICTIONS.

    Each jurisdiction shall implement this Act not later than 2 years 
after the date of the enactment of this Act. However, the Attorney 
General may authorize a one-year extension of the deadline.

SEC. 118. FAILURE TO COMPLY.

    (a) In General.--For any fiscal year after the end of the period 
for implementation, a jurisdiction that fails to implement this Act 
shall not receive 10 percent of the funds that would otherwise be 
allocated for that fiscal year to the jurisdiction under each of the 
following programs:
            (1) Byrne.--Subpart 1 of part E of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et 
        seq.), whether characterized as the Edward Byrne Memorial State 
        and Local Law Enforcement Assistance Programs, the Edward Byrne 
        Memorial Justice Assistance Grant Program, or otherwise.
            (2) LLEBG.--The Local Government Law Enforcement Block 
        Grants program.
    (b) Reallocation.--Amounts not allocated under a program referred 
to in paragraph (1) to a jurisdiction for failure to fully implement 
this Act shall be reallocated under that program to jurisdictions that 
have not failed to implement this Act.

SEC. 119. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM.

    (a) In General.--The Attorney General shall establish and implement 
a Sex Offender Management Assistance program (in this Act referred to 
as the ``SOMA program'') under which the Attorney General may award a 
grant to a jurisdiction to offset the costs of implementing this Act.
    (b) Application.--The chief executive of a jurisdiction shall, on 
an annual basis, submit to the Attorney General an application in such 
form and containing such information as the Attorney General may 
require.
    (c) Bonus Payments for Prompt Compliance.--A jurisdiction that, as 
determined by the Attorney General, has implemented this Act not later 
than two years after the date of the enactment of this Act is eligible 
for a bonus payment. Such payment shall be made under the SOMA program 
for the first fiscal year beginning after that determination. The 
amount of the payment shall be--
            (1) 10 percent of the total received by the jurisdiction 
        under the SOMA program for the preceding fiscal year, if 
        implementation is not later than one year after the date of 
        enactment of this Act; and
            (2) 5 percent of such total, if not later than two years 
        after that date.
    (d) Authorization of Appropriations.--In addition to any amounts 
otherwise authorized to be appropriated, there are authorized to be 
appropriated such sums as may be necessary to the Attorney General, to 
be available only for the SOMA program, for fiscal years 2006 through 
2008.

SEC. 120. DEMONSTRATION PROJECT FOR USE OF ELECTRONIC MONITORING 
              DEVICES.

    (a) Project Required.--The Attorney General shall carry out a 
demonstration project under which the Attorney General makes grants to 
jurisdictions to demonstrate the extent to which electronic monitoring 
devices can be used effectively in a sex offender management program.
    (b) Use of Funds.--The jurisdiction may use grant amounts under 
this section directly, or through arrangements with public or private 
entities, to carry out programs under which the whereabouts of sex 
offenders are monitored by electronic monitoring devices.
    (c) Participants.--Not more than 10 jurisdictions may participate 
in the demonstration project at any one time.
    (d) Factors.--In selecting jurisdictions to participate in the 
demonstration project, the Attorney General shall consider the 
following factors:
            (1) The total number of sex offenders in the jurisdiction.
            (2) The percentage of those sex offenders who fail to 
        comply with registration requirements.
            (3) The threat to public safety posed by those sex 
        offenders who fail to comply with registration requirements.
            (4) Any other factor the Attorney General considers 
        appropriate.
    (e) Duration.--The Attorney General shall carry out the 
demonstration project for fiscal years 2007, 2008, and 2009.
    (f) Reports.--The Attorney General shall submit to Congress an 
annual report on the demonstration project. Each such report shall 
describe the activities carried out by each participant, assess the 
effectiveness of those activities, and contain any other information or 
recommendations that the Attorney General considers appropriate.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.

SEC. 121. NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN ACCESS TO 
              INTERSTATE IDENTIFICATION INDEX.

    (a) In General.--Notwithstanding any other provision of law, the 
Attorney General shall ensure that the National Center for Missing and 
Exploited Children has access to the Interstate Identification Index, 
to be used by the Center only within the scope of its duties and 
responsibilities under Federal law. The access provided under this 
section shall be authorized only to personnel of the Center that have 
met all the requirements for access, including training, certification, 
and background screening.
    (b) Immunity.--Personnel of the Center shall not be civilly or 
criminally liable for any use or misuse of information in the 
Interstate Identification Index if in good faith.

SEC. 122. LIMITED IMMUNITY FOR NATIONAL CENTER FOR MISSING AND 
              EXPLOITED CHILDREN WITH RESPECT TO CYBERTIPLINE.

    Section 227 of the Victims of Child Abuse Act of 1990 (42 U.S.C. 
13032) is amended by adding at the end the following new subsection:
    ``(g) Limitation on Liability.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), the National Center for Missing and Exploited Children, 
        including any of its directors, officers, employees, or agents, 
        is not liable in any civil or criminal action for damages 
        directly related to the performance of its CyberTipline 
        responsibilities and functions as defined by this section.
            ``(2) Intentional, reckless, or other misconduct.--
        Paragraph (1) does not apply in an action in which a party 
        proves that the National Center for Missing and Exploited 
        Children, or its officer, employee, or agent as the case may 
        be, engaged in intentional misconduct or acted, or failed to 
        act, with actual malice, with reckless disregard to a 
        substantial risk of causing injury without legal justification, 
        or for a purpose unrelated to the performance of 
        responsibilities or functions under this section.
            ``(3) Ordinary business activities.--Paragraph (1) does not 
        apply to an act or omission related to an ordinary business 
        activity, such as an activity involving general administration 
        or operations, the use of motor vehicles, or personnel 
        management.''.

    TITLE II--CRIMINAL LAW ENFORCEMENT OF REGISTRATION REQUIREMENTS

SEC. 201. AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING TO SEX 
              OFFENDER REGISTRATION.

    (a) Criminal Penalties for Nonregistration.--Part I of title 18, 
United States Code, is amended by inserting after chapter 109A the 
following:

   ``CHAPTER 109B--SEX OFFENDER AND CRIMES AGAINST CHILDREN REGISTRY

``2250. Failure to register.
``Sec. 2250. Failure to register
    ``Whoever receives a notice from an official that such person is 
required to register under the Sex Offender Registration and 
Notification Act and--
            ``(1) is a sex offender as defined for the purposes of that 
        Act by reason of a conviction under Federal law; or
            ``(2) thereafter travels in interstate or foreign commerce, 
        or enters or leaves Indian country;
and knowingly fails to register as required shall be fined under this 
title and imprisoned not less than 5 years nor more than 20 years.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 109A the following new item:

``109B. Sexual offender and crimes against children registry    2250''.
    (c) False Statement Offense.--Section 1001(a) of title 18, United 
States Code, is amended by adding at the end the following: ``If the 
matter relates to an offense under chapter 109A, 109B, 110, or 117, 
then the term of imprisonment imposed under this section shall be not 
less than 5 years nor more than 20 years.''.
    (d) Probation.--Paragraph (8) of section 3563(a) of title 18, 
United States Code, is amended to read as follows:
            ``(8) for a person required to register under the Sex 
        Offender Registration and Notification Act, that the person 
        comply with the requirements of that Act; and''.
    (e) Supervised Release.--Section 3583 of title 18, United States 
Code, is amended--
            (1) in subsection (d), in the sentence beginning with ``The 
        court shall order, as an explicit condition of supervised 
        release for a person described in section 4042(c)(4)'', by 
        striking ``described in section 4042(c)(4)'' and all that 
        follows through the end of the sentence and inserting 
        ``required to register under the Sex Offender Registration and 
        Notification Act that the person comply with the requirements 
        of that Act.''.
            (2) in subsection (k)--
                    (A) by striking ``2244(a)(1), 2242(a)(2)'' and 
                inserting ``2243, 2244, 2245, 2250'';
                    (B) by inserting ``not less than 5,'' after ``any 
                term of years''; and
                    (C) by adding at the end the following: ``If a 
                defendant required to register under the Sex Offender 
                Registration and Notification Act violates the 
                requirements of that Act or commits any criminal 
                offense for which imprisonment for a term longer than 
                one year can be imposed, the court shall revoke the 
                term of supervised release and require the defendant to 
                serve a term of imprisonment under subsection (e)(3) 
                without regard to the exception contained therein. Such 
                term shall be not less than 5 years, and if the offense 
                was an offense under chapter 109A, 109B, 110, or 117, 
                not less than 10 years.''.
    (f) Duties of Bureau of Prisons.--Paragraph (3) of section 4042(c) 
of title 18, United States Code, is amended to read as follows:
            ``(3) The Director of the Bureau of Prisons shall inform a 
        person who is released from prison and required to register 
        under the Sex Offender Registration and Notification Act of the 
        requirements of that Act as they apply to that person and the 
        same information shall be provided to a person sentenced to 
        probation by the probation officer responsible for supervision 
        of that person.''.
    (g) Conforming Amendment of Cross Reference.--Paragraph (1) of 
section 4042(c) of title 18, United States Code, is amended by striking 
``(4)'' and inserting ``(3)''.
    (h) Conforming Repeal of Deadwood.--Paragraph (4) of section 
4042(c) of title 18, United States Code, is repealed.

SEC. 202. INVESTIGATION BY UNITED STATES MARSHALS OF SEX OFFENDER 
              VIOLATIONS OF REGISTRATION REQUIREMENTS.

    (a) In General.--The Attorney General shall use the authority 
provided in section 566(e)(1)(B) of title 28, United States Code, to 
assist States and other jurisdictions in locating and apprehending sex 
offenders who violate sex offender registration requirements.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for fiscal years 2006 
through 2008 to implement this section.

SEC. 203. SEX OFFENDER APPREHENSION GRANTS.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
is amended by adding at the end the following new part:

              ``PART JJ--SEX OFFENDER APPREHENSION GRANTS

``SEC. 3011. AUTHORITY TO MAKE SEX OFFENDER APPREHENSION GRANTS.

    ``(a) In General.--From amounts made available to carry out this 
part, the Attorney General may make grants to States, units of local 
government, Indian tribal governments, other public and private 
entities, and multi-jurisdictional or regional consortia thereof for 
activities specified in subsection (b).
    ``(b) Covered Activities.--An activity referred to in subsection 
(a) is any program, project, or other activity to assist a State in 
enforcing sex offender registration requirements.

``SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as may be 
necessary for fiscal years 2006 through 2008 to carry out this part.''.

SEC. 204. USE OF ANY CONTROLLED SUBSTANCE TO FACILITATE SEX OFFENSE.

    (a) Increased Punishment.--Chapter 109A of title 18, United States 
Code, is amended by adding at the end the following:
``Sec. 2249. Use of any controlled substance to facilitate sex offense
    ``(a) Whoever, knowingly uses a controlled substance to 
substantially impair the ability of a person to appraise or control 
conduct, in order to commit a sex offense, other than an offense where 
such use is an element of the offense, shall, in addition to the 
punishment provided for the sex offense, be imprisoned for any term of 
years not less than 10, or for life.
    ``(b) As used in this section, the term `sex offense' means an 
offense under this chapter other than an offense under this section.''.
    (b) Amendment to Table.--The table of sections at the beginning of 
chapter 109A of title 18, United States Code, is amended by adding at 
the end the following new item:

``2249. Use of any controlled substance to facilitate sex offense.''.

SEC. 205. REPEAL OF PREDECESSOR SEX OFFENDER PROGRAM.

    Sections 170101 (42 U.S.C. 14071) and 170102 (42 U.S.C. 14072) of 
the Violent Crime Control and Law Enforcement Act of 1994, and section 
8 of the Pam Lychner Sexual Offender Tracking and Identification Act of 
1996 (42 U.S.C. 14073), are repealed.
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