[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4905 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4905

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2006

 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 order to protect the public from sex offenders and offenders 
against children, and 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 
those 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.
            (11) Polly Klaas, who was 12 years old, was abducted, 
        sexually assaulted and murdered in 1993 by a career offender in 
        California.
            (12) Jimmy Ryce, who was 9 years old, was kidnapped and 
        murdered in Florida on September 11, 1995.
            (13) Carlie Brucia, who was 11 years old, was abducted and 
        murdered in Florida in February, 2004.

 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 Samoa.
                    (F) The Northern Mariana Islands.
                    (G) The United States Virgin Islands.
                    (H) To the extent provided and subject to the 
                requirements of section 127, a federally recognized 
                Indian tribe.
            (3) Sex offender.--The term ``sex offender'' means an 
        individual who, either before or after the enactment of this 
        Act, was convicted of, or adjudicated as a juvenile delinquent 
        for, a sex offense.
            (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) An offense (unless committed by a parent) 
                involving kidnapping.
                    (B) An offense (unless committed by a parent) 
                involving false imprisonment.
                    (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 involving a minor, or 
                the use of the Internet to facilitate or attempt such 
                conduct.
                    (H) Any conduct that by its nature is a sex offense 
                against a minor.
                    (I) Video voyeurism, as described in section 1801 
                of title 18, United States Code.
                    (J) Any attempt or conspiracy to commit an offense 
                described in this paragraph.
            (5) Tier i sex offender.--The term ``tier I sex offender'' 
        means a sex offender whose offense is punishable by 
        imprisonment for one year or less.
            (6) Tier ii sex offender.--The term ``tier II sex 
        offender'' means a sex offender who is not a Tier III sex 
        offender whose offense--
                    (A) is punishable by imprisonment for more than one 
                year; or
                    (B) occurs after the offender becomes a tier I sex 
                offender.
            (7) Tier iii sex offender.--The term ``tier III sex 
        offender'' means a sex offender whose offense is punishable by 
        imprisonment for more than one year and--
                    (A) involves a crime of violence as defined in 
                section 16 of title 18, United States Code, against the 
                person of another, except a crime of violence 
                consisting of an abusive sexual contact, as defined in 
                section 2246;
                    (B) is an offense where the victim had not attained 
                the age of 13 years; or
                    (C) occurs after the offender becomes a tier II sex 
                offender.
            (8) Amy zyla expansion of sex offense definition.--The term 
        ``sex offense'' means--
                    (A) a State, local, tribal, foreign, or other 
                criminal offense that has an element involving a sexual 
                act or sexual contact with another or an attempt or 
                conspiracy to commit such an offense, but does not 
                include an offense involving consensual sexual conduct 
                where the victim was an adult or was at least 13 years 
                old and the offender was not more than 4 years older 
                than the victim;
                    (B) a State, local, tribal, foreign, or other 
                specified offense against a minor;
                    (C) a Federal offense (including an offense 
                prosecuted under section 1152 or 1153 of title 18, 
                United States Code) under section 1201, 1591, or 1801, 
                or chapter 109A, 110, or 117, of title 18, United 
                States Code, or any other Federal offense designated by 
                the Attorney General for the purposes of this 
                paragraph; or
                    (D) a military offense specified by the Secretary 
                of Defense under section 115(a)(8)(C)(i) of Public Law 
                105-119 (10 U.S.C. 951 note).
            (9) 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.
            (10) Employee.--The term ``employee'' includes an 
        individual who is self-employed or works for any other entity, 
        whether compensated or not.
            (11) Resides.--The term ``resides'' means, with respect to 
        an individual, the location of the individual's home or other 
        place where the individual lives.
            (12) Minor.--The term ``minor'' means an individual who has 
        not attained the age of 18 years.
            (13) Convicted.--The term ``convicted'' or a variant 
        thereof, used with respect to a sex offense, includes 
        adjudicated deliquent as a juvenile for that offense.

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 guidelines and regulations to interpret and 
implement 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 was 
convicted, 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 3 days after each change of 
residence, employment, or student status.
    (d) Initial Registration of Sex Offenders Unable to Comply With 
Subsection (b).--The Attorney General shall prescribe rules for the 
registration of sex offenders convicted before the enactment of this 
Act or its implementation in a particular jurisdiction, and for other 
categories of sex offenders who are unable to comply with subsection 
(b).
    (e) State Penalty for Failure to Comply.--Each jurisdiction, other 
than a Federally recognized Indian tribe, shall provide a criminal 
penalty, that includes a maximum term of imprisonment that is greater 
than one year, and a minimum term of imprisonment that is no less than 
90 days, 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 and physical description of the sex offender 
        (including any alias used by the individual).
            (2) The Social Security number of the sex offender.
            (3) The address of the residence at which the sex offender 
        resides or will reside.
            (4) The name and address of the place where the sex 
        offender is employed or will be employed.
            (5) The name and address of the place where the sex 
        offender is a student or will be a student.
            (6) The license plate number and description 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) A photocopy of a valid driver's license or 
        identification card issued to the sex offender by a 
        jurisdiction.
            (11) 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, including the date 
        of the offense, and whether or not the sex offender was 
        prosecuted as a juvenile at the time of the offense.
            (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 for a period 
(excluding any time the sex offender is in custody or civilly 
committed) of--
            (1) 20 years, if the offender is a tier I sex offender;
            (2) 30 years, if the offender is a tier II sex offender; 
        and
            (3) the life of the offender, if the offender is a tier III 
        sex offender.

SEC. 106. IN PERSON VERIFICATION.

    A sex offender shall appear in person, provide a current 
photograph, and verify the information in each registry in which that 
offender is required to be registered not less frequently than--
            (1) every six months, if the offender is a tier I sex 
        offender;
            (2) every 3 months, if the offender is a tier II sex 
        offender; and
            (3) every month, if the offender is a tier III sex 
        offender.

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--
            (1) semi-annually, if the offender is a tier I sex 
        offender;
            (2) quarterly, if the offender is a tier II sex offender; 
        and
            (3) monthly, if the offender is a tier III sex offender.
    (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 sex offender must return the 
form, including a notarized signature or a fingerprint verification, 
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.

    (a) Internet.--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.
    (b) 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.

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.

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

    (a) In General.--Except as provided in subsection (b), 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.
    (b) Exception.--To the extent authorized by the Attorney General, a 
jurisdiction need not make available on the Internet information about 
a tier I sex offender whose offense is a juvenile adjudication.

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) Program Notification.--Except as provided in subsection (c), 
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 or other 
        appropriate data bases.
            (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 where the sex offender resides, 
        works, or attends school, and 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.
            (7) The community at large.
    (c) Exception.--In the case of a tier I sex offender whose offense 
is a juvenile adjudication, the Attorney General may authorize 
limitation of the entities to which the Program notification is given 
when the Attorney General determines it is consistent with public 
safety to do so.

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

    An appropriate official shall notify the Attorney General and 
appropriate State, local, and tribal 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 
law enforcement agency shall take any appropriate action to ensure 
compliance.

SEC. 114. IMMUNITY FOR GOOD FAITH CONDUCT.

    The Federal Government, jurisdictions, political subdivisions of 
jurisdictions, and their agencies, officers, employees, and agents 
shall be immune from liability 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 up to two one-year extensions 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, as determined by the 
Attorney General, substantially 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 subpart 1 of part E of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3570 
et seq.).
    (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 or may be reallocated to a 
jurisdiction from which they were withheld to be used solely for the 
purpose of implementing this Act.
    (c) Rule of Construction.--The provisions of this Act that are cast 
as directions to jurisdictions or their officials constitute, in 
relation to States, only conditions required to avoid the reduction of 
Federal funding under this section.

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 substantially implemented this 
Act not later than two years after the date of the enactment of this 
Act is eligible for a bonus payment. The Attorney General may make such 
a payment 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 that 
        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) Innovation.--In making grants under this section, the Attorney 
General shall ensure that different approaches to monitoring are funded 
to allow an assessment of effectiveness.
    (g) One-Time Report and Recommendations.--Not later than April 1, 
2008, the Attorney General shall submit to Congress a report--
            (1) assessing the effectiveness and value of programs 
        funded by this section;
            (2) comparing the cost-effectiveness of the electronic 
        monitoring to reduce sex offenses compared to other 
        alternatives; and
            (3) making recommendations for continuing funding and the 
        appropriate levels for such funding.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary.

SEC. 121. BONUS PAYMENTS TO STATES THAT IMPLEMENT ELECTRONIC 
              MONITORING.

    (a) In General.--A jurisdiction that, within 3 years after the date 
of the enactment of this Act, has in effect laws and policies described 
in subsection (b) shall be eligible for a bonus payment described in 
subsection (c), to be paid by the Attorney General from any amounts 
available to the Attorney General for such purpose.
    (b) Electronic Monitoring Laws and Policies.--
            (1) In general.--Laws and policies referred to in 
        subsection (a) are laws and policies that ensure that 
        electronic monitoring is required of a person if that person is 
        released after being convicted of a sex offense in which an 
        individual who has not attained the age of 18 years is the 
        victim.
            (2) Monitoring required.--The monitoring required under 
        paragraph (1) is a system that actively monitors and identifies 
        the person's location and timely reports or records the 
        person's presence near or within a crime scene or in a 
        prohibited area or the person's departure from specified 
        geographic limitations.
            (3) Duration.--The electronic monitoring required by 
        paragraph (1) shall be required of the person--
                    (A) for the life of the person, if--
                            (i) an individual who has not attained the 
                        age of 12 years is the victim; or
                            (ii) the person has a prior sex conviction 
                        (as defined in section 3559(e) of title 18, 
                        United States Code); and
                    (B) for the period during which the person is on 
                probation, parole, or supervised release for the 
                offense, in any other case.
            (4) Jurisdiction required to monitor all sex offenders 
        residing in jurisdiction.--In addition, laws and policies 
        referred to in subsection (a) also include laws and policies 
        that ensure that the jurisdiction frequently monitors each 
        person residing in the jurisdiction for whom electronic 
        monitoring is required, whether such monitoring is required 
        under this section or under section 3563(a)(9) of title 18, 
        United States Code.
    (c) Bonus Payments.--The bonus payment referred to in subsection 
(a) is a payment equal to 10 percent of the funds that would otherwise 
be allocated for that fiscal year to the jurisdiction under subpart 1 
of part E of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3570 et seq.).

SEC. 122. ACCESS TO NATIONAL CRIME INFORMATION DATABASES.

    (a) In General.--Notwithstanding any other provision of law, the 
Attorney General shall ensure access to the national crime information 
databases (as defined in section 534 of title 28, United States Code) 
by--
            (1) the National Center for Missing and Exploited Children, 
        to be used only within the scope of the Center's duties and 
        responsibilities under Federal law to assist or support law 
        enforcement agencies in administration of criminal justice 
        functions; and
            (2) governmental social service agencies with child 
        protection responsibilities, to be used by such agencies only 
        in investigating or responding to reports of child abuse, 
        neglect, or exploitation.
    (b) Conditions of Access.--The access provided under this section, 
and associated rules of dissemination, shall be--
            (1) defined by the Attorney General; and
            (2) limited to personnel of the Center or such agencies 
        that have met all requirements set by the Attorney General, 
        including training, certification, and background screening.

SEC. 123. 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 arising from 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.''.

SEC. 124. TREATMENT AND MANAGEMENT OF SEX OFFENDERS IN THE BUREAU OF 
              PRISONS.

    Section 3621 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) Sex Offender Management.--
            ``(1) In general.--The Bureau of Prisons shall make 
        available appropriate treatment to sex offenders who are in 
        need of and suitable for treatment, as follows:
                    ``(A) Sex offender management programs.--The Bureau 
                of Prisons shall establish non-residential sex offender 
                management programs to provide appropriate treatment, 
                monitoring, and supervision of sex offenders and to 
                provide aftercare during pre-release custody.
                    ``(B) Residential sex offender treatment 
                programs.--The Bureau of Prisons shall establish 
                residential sex offender treatment programs to provide 
                treatment to sex offenders who volunteer for such 
                programs and are deemed by the Bureau of Prisons to be 
                in need of and suitable for residential treatment.
            ``(2) Regions.--At least one sex offender management 
        program under paragraph (1)(A), and at least one residential 
        sex offender treatment program under paragraph (1)(B), shall be 
        established in each region within the Bureau of Prisons.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Bureau of Prisons for each 
        fiscal year such sums as may be necessary to carry out this 
        subsection.''.

SEC. 125. GAO STUDIES ON FEASIBILITY OF USING DRIVER'S LICENSE 
              REGISTRATION PROCESSES AS ADDITIONAL REGISTRATION 
              REQUIREMENTS FOR SEX OFFENDERS.

    For the purposes of determining the feasibility of using driver's 
license registration processes as additional registration requirements 
for sex offenders to improve the level of compliance with sex offender 
registration requirements for change of address upon relocation and 
other related updates of personal information, the Congress requires 
the following studies:
            (1) Not later than 180 days after the date of the enactment 
        of this Act, the Government Accountability Office shall 
        complete a study for the Committee on the Judiciary of the 
        House of Representatives to survey a majority of the States to 
        assess the relative systems capabilities to comply with a 
        Federal law that required all State driver's license systems to 
        automatically access State and national databases of registered 
        sex offenders in a form similar to the requirement of the 
        Nevada law described in paragraph (2). The Government 
        Accountability Office shall use the information drawn from this 
        survey, along with other expert sources, to determine what the 
        potential costs to the States would be if such a Federal law 
        came into effect, and what level of Federal grants would be 
        required to prevent an unfunded mandate. In addition, the 
        Government Accountability Office shall seek the views of 
        Federal and State law enforcement agencies, including in 
        particular the Federal Bureau of Investigation, with regard to 
        the anticipated effects of such a national requirement, 
        including potential for undesired side effects in terms of 
        actual compliance with this Act and related laws.
            (2) Not later than October 2006, the Government 
        Accountability Office shall complete a study to evaluate the 
        provisions of Chapter 507 of Statutes of Nevada 2005 to 
        determine--
                    (A) if those provisions are effective in increasing 
                the registration compliance rates of sex offenders;
                    (B) the aggregate direct and indirect costs for the 
                state of Nevada to bring those provisions into effect; 
                and
                    (C) whether those provisions should be modified to 
                improve compliance by registered sex offenders.

SEC. 126. ASSISTANCE IN IDENTIFICATION AND LOCATION OF SEX OFFENDERS 
              RELOCATED AS A RESULT OF A MAJOR DISASTER.

    The Attorney General shall provide technical assistance to 
jurisdictions to assist them in the identification and location of a 
sex offender relocated as a result of a major disaster.

SEC. 127. ELECTION BY INDIAN TRIBES.

    (a) Election.--
            (1) In general.--A federally recognized Indian tribe may, 
        by resolution or other enactment of the tribal council or 
        comparable governmental body--
                    (A) elect to carry out this title as a jurisdiction 
                subject to its provisions; or
                    (B) elect to delegate its functions under this 
                title to another jurisdiction or jurisdictions within 
                which the territory of the tribe is located and to 
                provide access to its territory and such other 
                cooperation and assistance as may be needed to enable 
                such other jurisdiction or jurisdictions to carry out 
                and enforce the requirements of this title.
            (2) Imputed election in certain cases.--A tribe shall be 
        treated as if it had made the election described in paragraph 
        (1)(B) if--
                    (A) it is a tribe subject to the law enforcement 
                jurisdiction of a State under section 1162 of title 18, 
                United States Code;
                    (B) the tribe does not make an election under 
                paragraph (1) within 1 year of the enactment of this 
                Act or rescinds an election under paragraph (1)(A); or
                    (C) the Attorney General determines that the tribe 
                has not implemented the requirements of this title and 
                is not likely to become capable of doing so within a 
                reasonable amount of time.
    (b) Cooperation Between Tribal Authorities and Other 
Jurisdictions.--
            (1) Nonduplication.--A tribe subject to this title is not 
        required to duplicate functions under this title which are 
        fully carried out by another jurisdiction or jurisdictions 
        within which the territory of the tribe is located.
            (2) Cooperative agreements.--A tribe may, through 
        cooperative agreements with such a jurisdiction or 
        jurisdictions--
                    (A) arrange for the tribe to carry out any function 
                of such a jurisdiction under this title with respect to 
                sex offenders subject to the tribe's jurisdiction; and
                    (B) arrange for such a jurisdiction to carry out 
                any function of the tribe under this title with respect 
                to sex offenders subject to the tribe's jurisdiction.

SEC. 128. REGISTRATION OF PRISONERS RELEASED FROM FOREIGN IMPRISONMENT.

    The Attorney General, in consultation with the Secretary of State 
and the Secretary of Homeland Security, shall establish and maintain a 
system for informing the relevant jurisdictions about persons entering 
the United States who are required to register under this Act.

SEC. 129. SEX OFFENDER RISK CLASSIFICATION STUDY.

    (a) Study.--The Attorney General shall conduct a study of risk-
based sex offender classification systems, which shall include an 
analysis of--
            (1) various risk-based sex offender classification systems;
            (2) the methods and assessment tools available to assess 
        the risks posed by sex offenders;
            (3) the efficiency and effectiveness of risk-based sex 
        offender classification systems, in comparison to offense-based 
        sex offender classification systems, in--
                    (A) reducing threats to public safety posed by sex 
                offenders; and
                    (B) assisting law enforcement agencies and the 
                public in identifying the most dangerous sex offenders;
            (4) the resources necessary to implement, and the legal 
        implications of implementing, risk-based sex offender 
        classification systems for sex offender registries; and
            (5) any other information the Attorney General determines 
        necessary to evaluate risk-based sex offender classification 
        systems.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Attorney General shall report to the Congress the 
results of the study under this section.
    (c) Study Conducted by Task Force.--The Attorney General may 
establish a task force to conduct the study and prepare the report 
required under this section. Any task force established under this 
section shall be composed of members, appointed by the Attorney 
General, who--
            (1) represent national, State, and local interests; and
            (2) are especially qualified to serve on the task force by 
        virtue of their education, training, or experience, 
        particularly in the fields of sex offender management, 
        community education, risk assessment of sex offenders, and sex 
        offender victim issues.

SEC. 130. STUDY OF THE EFFECTIVENESS OF RESTRICTING THE ACTIVITIES OF 
              SEX OFFENDERS TO REDUCE THE OCCURRENCE OF REPEAT 
              OFFENSES.

    (a) Study.--The Attorney General shall conduct a study to evaluate 
the effectiveness of monitoring and restricting the activities of sex 
offenders to reduce the occurrence of repeat offenses by such sex 
offenders. The study shall evaluate--
            (1) the effectiveness of methods of monitoring and 
        restricting the activities of sex offenders, including 
        restrictions--
                    (A) on the areas in which sex offenders can reside, 
                work, and attend school;
                    (B) limiting access by sex offenders to the 
                Internet or to specific Internet sites;
                    (C) preventing access by sex offenders to 
                pornography and other obscene materials; and
                    (D) imposed as part of supervised release or 
                probation conditions;
            (2) the ability of law enforcement agencies and courts to 
        enforce such restrictions; and
            (3) the efficacy of any other restrictions that may reduce 
        the occurrence of repeat offenses by sex offenders.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Attorney General shall report to the Committee on the 
Judiciary of the House of Representatives and the Committee on the 
Judiciary of the Senate the results of the study under this section.

    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

``Sec.
``2250. Failure to register.
``Sec. 2250. Failure to register
    ``Whoever 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) travels in interstate or foreign commerce, or enters 
        or leaves, or resides in, Indian country;
and knowingly fails to register as required shall be fined under this 
title or imprisoned not more than 20 years, or both.''.
    (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. Sex 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, or 
section 1591, then the term of imprisonment imposed under this section 
shall be not more than 10 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.''; and
            (2) in subsection (k)--
                    (A) by striking ``2244(a)(1), 2244(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, 
                or section 1591, 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 Amendments to Cross References.--Paragraphs (1) and 
(2) of section 4042(c) of title 18, United States Code, are each 
amended by striking ``(4)'' each place it appears and inserting 
``(3)''.
    (h) Conforming Repeal of Deadwood.--Paragraph (4) of section 
4042(c) of title 18, United States Code, is repealed.
    (i) Military Offenses.--
            (1) Section 115(a)(8)(C)(i) of Public Law 105-119 (111 
        Stat. 2466) is amended by striking ``which encompass'' and all 
        that follows through ``and (B))'' and inserting ``which are sex 
        offenses as that term is defined in the Sex Offender 
        Registration and Notification Act''.
            (2) Section 115(a)(8)(C)(iii) of Public Law 105-119 (111 
        Stat. 2466; 10 U.S.C. 951 note) is amended by striking ``the 
        amendments made under subparagraphs (A) and (B)'' and inserting 
        ``the Sex Offender Registration and Notification Act''.
    (j) Conforming Amendment Relating to Parole.--Section 4209(a) of 
title 18, United States Code, is amended in the second sentence by 
striking ``described'' 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.''.

SEC. 202. FEDERAL INVESTIGATION OF SEX OFFENDER VIOLATIONS OF 
              REGISTRATION REQUIREMENTS.

    (a) In General.--The Attorney General shall assist 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, 
              AND PROHIBITION ON INTERNET SALES OF DATE RAPE DRUGS.

    (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 more than 10 years.
    ``(b) As used in this section, the term `sex offense' means an 
offense under this chapter other than an offense under this section.
``Sec. 2250. Internet sales of date rape drugs
    ``(a) Whoever knowingly uses the Internet to distribute (as that 
term is defined for the purposes of the Controlled Substances Act) a 
date rape drug to any person shall be fined under this title or 
imprisoned not more than 20 years, or both.
    ``(b) As used in this section, the term `date rape drug' means 
gamma hydroxybutyric acid, ketamine, or flunitrazepam, or any analogue 
of such a substance, including gamma butyrolactone or 1,4-
butanediol.''.
    (b) Amendment to Table of Sections.--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.
``2250. Internet sales of date rape drugs.''.

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.

SEC. 206. ASSISTANCE FOR PROSECUTION OF CASES CLEARED THROUGH USE OF 
              DNA BACKLOG CLEARANCE FUNDS.

    (a) In General.--The Attorney General may make grants to train and 
employ personnel to help prosecute cases cleared through use of funds 
provided for DNA backlog elimination.
    (b) Authorization.--There are authorized to be appropriated such 
sums as may be necessary for each of fiscal years 2006 through 2010 to 
carry out this section.

SEC. 207. GRANTS TO COMBAT SEXUAL ABUSE OF CHILDREN.

    (a) In General.--The Bureau of Justice Assistance shall make grants 
to law enforcement agencies for purposes of this section. The Bureau 
shall make such a grant--
            (1) to each law enforcement agency that serves a 
        jurisdiction with 50,000 or more residents; and
            (2) to each law enforcement agency that serves a 
        jurisdiction with fewer than 50,000 residents, upon a showing 
        of need.
    (b) Use of Grant Amounts.--Grants under this section may be used by 
the law enforcement agency to--
            (1) hire additional law enforcement personnel, or train 
        existing staff to combat the sexual abuse of children through 
        community education and outreach, investigation of complaints, 
        enforcement of laws relating to sex offender registries, and 
        management of released sex offenders;
            (2) investigate the use of the Internet to facilitate the 
        sexual abuse of children; and
            (3) purchase computer hardware and software necessary to 
        investigate sexual abuse of children over the Internet, access 
        local, State, and Federal databases needed to apprehend sex 
        offenders, and facilitate the creation and enforcement of sex 
        offender registries.
    (c) 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 section.

SEC. 208. EXPANSION OF TRAINING AND TECHNOLOGY EFFORTS.

    (a) Training.--The Attorney General, in consultation with the 
Office of Juvenile Justice and Delinquency Prevention, shall--
            (1) expand training efforts with Federal, State, and local 
        law enforcement officers and prosecutors to effectively respond 
        to the threat to children and the public posed by sex offenders 
        who use the Internet and technology to solicit or otherwise 
        exploit children;
            (2) facilitate meetings, between corporations that sell 
        computer hardware and software or provide services to the 
        general public related to use of the Internet, to identify 
        problems associated with the use of technology for the purpose 
        of exploiting children;
            (3) host national conferences to train Federal, State, and 
        local law enforcement officers, probation and parole officers, 
        and prosecutors regarding pro-active approaches to monitoring 
        sex offender activity on the Internet;
            (4) develop and distribute, for personnel listed in 
        paragraph (3), information regarding multi-disciplinary 
        approaches to holding offenders accountable to the terms of 
        their probation, parole, and sex offender registration laws; 
        and
            (5) partner with other agencies to improve the coordination 
        of joint investigations among agencies to effectively combat 
        on-line solicitation of children by sex offenders.
    (b) Technology.--The Attorney General, in consultation with the 
Office of Juvenile Justice and Delinquency Prevention, shall--
            (1) deploy, to all Internet Crimes Against Children Task 
        Forces and their partner agencies, technology modeled after the 
        Canadian Child Exploitation Tracking System; and
            (2) conduct training in the use of that technology.
    (c) Report.--Not later than July 1, 2006, the Attorney General, in 
consultation with the Office of Juvenile Justice and Delinquency 
Prevention, shall submit to Congress a report on the activities carried 
out under this section. The report shall include any recommendations 
that the Attorney General, in consultation with the Office, considers 
appropriate.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General, for fiscal year 2006--
            (1) $1,000,000 to carry out subsection (a); and
            (2) $2,000,000 to carry out subsection (b).

SEC. 209. REVOCATION OF PROBATION OR SUPERVISED RELEASE.

    (a) Probation.--Section 3565(b) of title 18, United States Code, is 
amended--
            (1) in paragraph (3) by striking `or' at the end; and
            (2) by inserting after paragraph (4) the following:
            ``(5) commits a felony crime of violence; or
            ``(6) commits a crime of violence against, or an offense 
        that consists of or is intended to facilitate unlawful sexual 
        contact (as defined in section 2246) with, a person who has not 
        attained the age of 18 years;''.
    (b) Supervised Release.--Section 3583(g) of title 18, United States 
Code, is amended--
            (1) in paragraph (3) by striking `or' at the end; and
            (2) by inserting after paragraph (4) the following:
            ``(5) commits a felony crime of violence; or
            ``(6) commits a crime of violence against, or an offense 
        that consists of or is intended to facilitate unlawful sexual 
        contact (as defined in section 2246) with, a person who has not 
        attained the age of 18 years;''.

    TITLE III--OFFICE ON SEXUAL VIOLENCE AND CRIMES AGAINST CHILDREN

SEC. 301. ESTABLISHMENT.

    There is established within the Department of Justice, under the 
general authority of the Attorney General, an Office on Sexual Violence 
and Crimes against Children (hereinafter in this title referred to as 
the ``Office'').

SEC. 302. DIRECTOR.

    The Office shall be headed by a Director who shall be appointed by 
the President. The Director shall report to the Attorney General 
through the Assistant Attorney General for the Office of Justice 
Programs and shall have final authority for all grants, cooperative 
agreements, and contracts awarded by the Office. The Director shall not 
engage in any employment other than that of serving as the Director, 
nor shall the Director hold any office in, or act in any capacity for, 
any organization, agency, or institution with which the Office makes 
any contract or other arrangement.

SEC. 303. DUTIES AND FUNCTIONS.

     The Office is authorized to--
            (1) administer the standards for sex offender registration 
        and notification programs set forth in this Act;
            (2) administer grant programs relating to sex offender 
        registration and notification authorized by this Act and other 
        grant programs authorized by this Act as directed by the 
        Attorney General;
            (3) cooperate with and provide technical assistance to 
        States, units of local government, tribal governments, and 
        other public and private entities involved in activities 
        related to sex offender registration or notification or to 
        other measures for the protection of children or other members 
        of the public from sexual abuse or exploitation; and
            (4) perform such other functions as the Attorney General 
        may delegate.
                                 <all>