[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6155 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6155

To establish guidelines and incentives for States to establish criminal 
drug dealer registries and to require the Attorney General to establish 
a national criminal drug dealer registry and notification program, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2006

  Mr. Pearce introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To establish guidelines and incentives for States to establish criminal 
drug dealer registries and to require the Attorney General to establish 
a national criminal drug dealer registry and notification program, 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 ``Communities Leading Everyone Away 
From Narcotics Through Online Warning Notification Act'', or the 
``CLEAN TOWN Act''.

SEC. 2. DRUG DEALER REGISTRATION AND NOTIFICATION PROGRAM.

     (a) Registry Requirements for Jurisdictions.--
            (1) Jurisdiction to maintain a registry.--Each jurisdiction 
        shall establish and maintain a jurisdiction-wide criminal drug 
        dealer registry conforming to the requirements of this section.
            (2) Guidelines and regulations.--The Attorney General shall 
        issue guidelines and regulations to interpret and implement 
        this section.
    (b) Registry Requirements for Criminal Drug Dealers.--
            (1) In general.--A criminal drug dealer shall register, and 
        shall keep the registration current, in each jurisdiction where 
        the dealer resides, where the dealer is an employee, and where 
        the dealer is a student. For initial registration purposes 
        only, a criminal drug dealer shall also register in the 
        jurisdiction in which convicted if such jurisdiction is 
        different from the jurisdiction of residence.
            (2) Initial registration.--The criminal drug dealer shall 
        initially register--
                    (A) before completing a sentence of imprisonment 
                with respect to the offense giving rise to the 
                registration requirement; or
                    (B) not later than three business days after being 
                sentenced for that offense, if the criminal drug dealer 
                is not sentenced to a term of imprisonment.
            (3) Keeping the registration current.--A criminal drug 
        dealer shall, not later than three business days after each 
        change of name, residence, employment, or student status, 
        appear in person in at least one jurisdiction involved pursuant 
        to paragraph (1) and inform that jurisdiction of all changes in 
        the information required for that dealer in the criminal drug 
        dealer registry. That jurisdiction shall immediately provide 
        the revised information to all other jurisdictions in which the 
        dealer is required to register.
            (4) Initial registration of criminal drug dealers unable to 
        comply with paragraph (2).--The Attorney General shall have the 
        authority to specify the applicability of the requirements of 
        this section to criminal drug dealers convicted before the date 
        of the enactment of this Act or its implementation in a 
        particular jurisdiction, and to prescribe rules for the 
        registration of any such criminal drug dealers and other 
        categories of criminal drug offenders who are unable to comply 
        with paragraph (2).
            (5) 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 for the failure 
        of a criminal drug dealer to comply with the requirements of 
        this section.
            (6) Limited authority to exempt certain drug dealers from 
        registry requirements.--A jurisdiction shall have the authority 
        to exempt a criminal drug dealer who has been convicted of a 
        criminal drug dealing offense for the first time from the 
        registration requirements under this section in exchange for 
        such dealer's substantial assistance in the investigation or 
        prosecution of another person who has committed an offense. The 
        jurisdiction shall revoke any such exemption and order the 
        dealer to comply with the registration requirements of this 
        section immediately upon cessation of active cooperation with 
        the jurisdiction relating to such investigation or prosecution. 
        The Attorney General shall assure that any regulations 
        promulgated under this section include guidelines that reflect 
        the general appropriateness of exempting such a dealer from the 
        registration requirements under this section.
    (c) Information Required in Registration.--
            (1) Provided by the dealer.--A criminal drug dealer shall 
        provide the following information to the appropriate official 
        for inclusion in the criminal drug dealer registry of a 
        jurisdiction in which such dealer is required to register:
                    (A) The name of the dealer (including any alias 
                used by the dealer).
                    (B) The Social Security number of the dealer.
                    (C) The address of each residence at which the 
                dealer resides or will reside.
                    (D) The name and address of any place where the 
                dealer is an employee or will be an employee.
                    (E) The name and address of any place where the 
                dealer is a student or will be a student.
                    (F) The license plate number and a description of 
                any vehicle owned or operated by the dealer.
                    (G) Any other information required by the Attorney 
                General.
            (2) Provided by the jurisdiction.--The jurisdiction in 
        which a criminal drug dealer registers shall ensure that the 
        following information is included in the registry for such 
        dealer:
                    (A) A physical description of the dealer.
                    (B) The text of the provision of law defining the 
                criminal offense for which the dealer is registered.
                    (C) The criminal history of the dealer, including 
                the date of all arrests and convictions; the status of 
                parole, probation, or supervised release; registration 
                status; and the existence of any outstanding arrest 
                warrants for the dealer.
                    (D) A current photograph of the dealer.
                    (E) A set of fingerprints and palm prints of the 
                dealer.
                    (F) A photocopy of a valid driver's license or 
                identification card issued to the dealer by a 
                jurisdiction.
                    (G) Any other information required by the Attorney 
                General.
    (d) Duration of Registration Requirement.--A criminal drug dealer 
shall keep the registration information provided under subsection (c) 
current for the full registration period (excluding any time the dealer 
is in custody or civilly committed). For purposes of this subsection, 
the full registration period--
            (1) shall commence on the later of the date on which the 
        dealer is convicted of a criminal drug dealing offense, the 
        date on which the dealer is released from prison for such 
        conviction, or the date on which such dealer is placed on 
        parole, supervised release, or probation for such conviction; 
        and
            (2) shall be--
                    (A) five years for a dealer who has been convicted 
                of a criminal drug dealing offense for the first time;
                    (B) ten years for a dealer who has been convicted 
                of a criminal drug dealing offense for the second time; 
                and
                    (C) for the life of the dealer for a dealer who has 
                been convicted of a criminal drug dealing offense more 
                than twice.
    (e) Annual Verification.--Not less than once in each calendar year 
during the full registration period, a criminal drug dealer required to 
register under this section shall--
            (1) appear in person at not less than one jurisdiction in 
        which such dealer is required to register;
            (2) allow such jurisdiction to take a current photograph of 
        the dealer; and
            (3) while present at such jurisdiction, verify the 
        information in each registry in which that dealer is required 
        to be registered.
    (f) Duty to Notify Criminal Drug Dealers of Registration 
Requirements and to Register.--
            (1) In general.--An appropriate official shall, shortly 
        before release of a criminal drug dealer from custody, or, if 
        the dealer is not in custody, immediately after the sentencing 
        of the dealer for the offense giving rise to the duty to 
        register--
                    (A) inform the dealer of the duties of the dealer 
                under this section and explain those duties;
                    (B) require the dealer to read and sign a form 
                stating that the duty to register has been explained 
                and that the dealer understands the registration 
                requirement; and
                    (C) ensure that the dealer is registered.
            (2) Notification of criminal drug dealers who cannot comply 
        with paragraph (1).--The Attorney General shall prescribe rules 
        for the notification of criminal drug dealers who cannot be 
        notified and registered in accordance with paragraph (1).
    (g) Public Access to Criminal Drug Dealer Information Through the 
Internet.--
            (1) In general.--Except as provided in this subsection, 
        each jurisdiction shall make available on the Internet, in a 
        manner that is readily accessible to all jurisdictions and to 
        the public, all information about each criminal drug dealer in 
        the registry. The jurisdiction shall maintain the Internet site 
        in a manner that will permit the public to obtain relevant 
        information for each such dealer by a single query for any 
        given zip code or geographic radius set by the user. The 
        jurisdiction shall also include in the design of its Internet 
        site all field search capabilities needed for full 
        participation in the National criminal drug dealer public 
        Internet site established under subsection (i) and shall 
        participate in that website as provided by the Attorney 
        General.
            (2) Mandatory exemptions.--A jurisdiction shall exempt from 
        public disclosure, with respect to information about a criminal 
        drug dealer--
                    (A) the identity of any victim of an offense;
                    (B) the Social Security number of the criminal drug 
                dealer;
                    (C) any reference to arrests of the criminal drug 
                dealer that did not result in conviction; and
                    (D) any other information exempted from public 
                disclosure by the Attorney General.
            (3) Optional exemptions.--A jurisdiction may exempt from 
        public disclosure, with respect to information about a criminal 
        drug dealer--
                    (A) any information about the dealer involving 
                conviction for an offense other than the offense or 
                offenses for which the dealer is registered;
                    (B) the name of an employer of the dealer;
                    (C) the name of an educational institution where 
                the dealer is a student;
                    (D) any information about the dealer if the dealer 
                is participating in a witness protection program and 
                the release of such information could jeopardize the 
                safety of the dealer or any other individual; and
                    (E) any other information identified as an optional 
                exemption from public disclosure by the Attorney 
                General.
            (4) Links.--An Internet site established by a jurisdiction 
        pursuant to paragraph (1) shall include, to the extent 
        practicable, links to substance abuse education resources.
            (5) Correction of errors.--An Internet site established by 
        a jurisdiction pursuant to paragraph (1) shall include 
        instructions on how to seek correction of information that an 
        individual contends is erroneous.
            (6) Warning.--An Internet site established by a 
        jurisdiction pursuant to paragraph (1) shall include a warning 
        that information on the site should not be used to unlawfully 
        injure, harass, or commit a crime against any individual named 
        in the registry or residing or working at any reported address. 
        The warning shall note that any such action could result in 
        civil or criminal penalties.
    (h) National Criminal Drug Dealer Registry.--
            (1) In general.--The Attorney General shall maintain a 
        national database at the Federal Bureau of Investigation for 
        each criminal drug dealer and any other person required to 
        register in a jurisdiction's criminal drug dealer registry 
        under subsection (a). The database shall be known as the 
        National Criminal Drug Dealer Registry.
            (2) Electronic forwarding.--The Attorney General shall 
        ensure (through the National Criminal Drug Dealer Registry or 
        otherwise) that updated information about a criminal drug 
        dealer is immediately transmitted by electronic forwarding to 
        all relevant jurisdictions.
    (i) National Criminal Drug Dealer Public Internet Site.--The 
Attorney General shall establish and maintain a national criminal drug 
dealer public Internet site. The Internet site shall include relevant 
information for each criminal drug dealer and other person listed on a 
jurisdiction's Internet site under subsection (g). The Internet site 
shall allow the public to obtain relevant information for each such 
offender by a single query for any given zip code or geographical 
radius set by the user in a form and with such limitations as may be 
established by the Attorney General and shall have such other field 
search capabilities as the Attorney General may provide.
    (j) Notification Procedures.--Under a criminal drug dealer 
registration program established by a jurisdiction pursuant to 
subsection (a), immediately after a criminal drug dealer 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 Criminal Drug Dealer Registry or 
        other appropriate databases.
            (2) Appropriate law enforcement agencies (including 
        probation agencies, if appropriate), and each school and public 
        housing agency, in each area in which the offender resides, is 
        an employee, or is a student.
            (3) Each jurisdiction where the offender resides, is an 
        employee, or is a student, and each jurisdiction from or to 
        which a change of residence, employment, or student status 
        occurs.
            (4) Any organization, company, or individual who requests 
        such notification pursuant to procedures established by the 
        jurisdiction.
    (k) Actions to Be Taken When Criminal Drug Dealer Fails to 
Comply.--Under a criminal drug dealer registration program established 
by a jurisdiction pursuant to subsection (a), an appropriate official 
of the jurisdiction shall notify the Attorney General and appropriate 
law enforcement agencies of any failure by a criminal drug dealer to 
comply with the requirements of the criminal drug dealer registry for 
such jurisdiction, and shall revise the registry to reflect the nature 
of such failure. The appropriate official, the Attorney General, and 
each such law enforcement agency shall take any appropriate action to 
ensure compliance.
    (l) Development and Availability of Registry Management and Website 
Software.--
            (1) Duty to develop and support.--The Attorney General 
        shall, in consultation with the jurisdictions, develop and 
        support software to enable jurisdictions to establish and 
        operate uniform criminal drug dealer registries and Internet 
        sites.
            (2) Criteria.--The software described in paragraph (1) 
        should facilitate--
                    (A) immediate exchange of information among 
                jurisdictions;
                    (B) public access over the Internet to appropriate 
                information, including the number of registered 
                criminal drug dealers in each jurisdiction on a current 
                basis;
                    (C) full compliance with the requirements of this 
                section; and
                    (D) communication of information as required under 
                subsection (j).
            (3) Deadline.--The Attorney General shall make the first 
        complete edition of this software available to jurisdictions 
        not later than two years after the date of the enactment of 
        this Act.
    (m) Period for Implementation by Jurisdictions.--
            (1) Deadline.--To be in compliance with this section, a 
        jurisdiction shall implement this section before the later of--
                    (A) three years after the date of the enactment of 
                this Act; or
                    (B) one year after the date on which the software 
                described in subsection (l) is made available to such 
                jurisdiction.
            (2) Extensions.--The Attorney General may authorize not 
        more than two one-year extensions of the deadline under 
        paragraph (1).
    (n) Failure of Jurisdiction to Comply.--
            (1) In general.--For any fiscal year after the deadline 
        described in subsection (m), a jurisdiction that fails, as 
        determined by the Attorney General, to substantially implement 
        this section 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. 
        3750 et seq.).
            (2) State constitutionality.--
                    (A) In general.--When evaluating whether a 
                jurisdiction has substantially implemented this 
                section, the Attorney General shall consider whether 
                the jurisdiction is unable to substantially implement 
                this section because of a demonstrated inability to 
                implement certain provisions that would place the 
                jurisdiction in violation of its constitution, as 
                determined by a ruling of the jurisdiction's highest 
                court.
                    (B) Efforts.--If the circumstances arise under 
                subparagraph (A), then the Attorney General and the 
                jurisdiction involved shall make good faith efforts to 
                accomplish substantial implementation of this section 
                and to reconcile any conflicts between this section and 
                the jurisdiction's constitution. In considering whether 
                compliance with the requirements of this section would 
                likely violate the jurisdiction's constitution or an 
                interpretation thereof by the jurisdiction's highest 
                court, the Attorney General shall consult with the 
                chief executive and chief legal officer of the 
                jurisdiction concerning the jurisdiction's 
                interpretation of the jurisdiction's constitution and 
                rulings thereon by the jurisdiction's highest court.
                    (C) Alternative procedures.--If a jurisdiction is 
                unable to substantially implement this section because 
                of a limitation imposed by the jurisdiction's 
                constitution, the Attorney General may determine that 
                the jurisdiction is in compliance with this section if 
                the jurisdiction has made, or is in the process of 
                implementing, reasonable alternative procedures or 
                accommodations, which are consistent with the purposes 
                of this section.
                    (D) Funding reduction.--If a jurisdiction 
                determined to be in compliance under subparagraph (C) 
                does not comply with the alternative procedures or 
                accommodations described in such subparagraph, then the 
                jurisdiction shall be subject to a funding reduction as 
                specified in paragraph (1).
            (3) Reallocation.--Amounts not allocated under a program 
        referred to in this subsection to a jurisdiction for failure to 
        substantially implement this section shall be reallocated under 
        that program to jurisdictions that have not failed to 
        substantially implement this section or may be reallocated to a 
        jurisdiction from which they were withheld to be used solely 
        for the purpose of implementing this section.
            (4) Rule of construction.--The provisions of this section 
        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 subsection.
    (o) Election by Indian Tribes.--
            (1) Election.--
                    (A) In general.--A federally recognized Indian 
                tribe may, by resolution or other enactment of the 
                tribal council or comparable governmental body--
                            (i) elect to carry out this section as a 
                        jurisdiction subject to its provisions; or
                            (ii) elect to delegate its functions under 
                        this section 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 
                        section.
                    (B) Imputed election in certain cases.--A tribe 
                shall be treated as if it had made the election 
                described in subparagraph (A)(ii) if--
                            (i) it is a tribe subject to the law 
                        enforcement jurisdiction of a State under 
                        section 1162 of title 18, United States Code;
                            (ii) the tribe does not make an election 
                        under subparagraph (A) within one year of the 
                        date of the enactment of this Act or rescinds 
                        an election under subparagraph (A)(i); or
                            (iii) the Attorney General determines that 
                        the tribe has not substantially implemented the 
                        requirements of this section and is not likely 
                        to become capable of doing so within a 
                        reasonable amount of time.
            (2) Cooperation between tribal authorities and other 
        jurisdictions.--
                    (A) Nonduplication.--A tribe subject to this 
                section is not required to duplicate functions under 
                this section which are fully carried out by another 
                jurisdiction or jurisdictions within which the 
                territory of the tribe is located.
                    (B) Cooperative agreements.--A tribe may, through 
                cooperative agreements with such a jurisdiction or 
                jurisdictions--
                            (i) arrange for the tribe to carry out any 
                        function of such a jurisdiction under this 
                        section with respect to criminal drug dealers 
                        subject to the tribe's jurisdiction; and
                            (ii) arrange for such a jurisdiction to 
                        carry out any function of the tribe under this 
                        section with respect to criminal drug dealers 
                        subject to the tribe's jurisdiction.
    (p) 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 section.

SEC. 3. CRIMINAL DRUG DEALER MANAGEMENT ASSISTANCE PROGRAM.

    (a) In General.--The Attorney General shall establish and implement 
a Criminal Drug Dealer Management Assistance program (in this section 
referred to as the ``CDDMA program''), under which the Attorney General 
may award a grant to a jurisdiction to offset the costs of implementing 
section 2.
    (b) Application.--The chief executive of a jurisdiction desiring a 
grant under this section 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 
section 2 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 CDDMA program for the first fiscal year 
beginning after that determination. The amount of the bonus payment 
shall be--
            (1) 10 percent of the total received by the jurisdiction 
        under the CDDMA 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 such implementation is not 
        later than two years after such date of enactment.
    (d) Authorization of Appropriations.--In addition to any amounts 
otherwise authorized to be appropriated, there are authorized to be 
appropriated to the Attorney General, to be available only for the 
CDDMA program, such sums as may be necessary for each of the fiscal 
years 2007 through 2012.

SEC. 4. DEFINITIONS.

    For the purposes of this Act:
            (1) Criminal drug dealer.--The term ``criminal drug 
        dealer'' means an individual who is convicted of any criminal 
        offense for manufacturing, distributing, dispensing, or 
        possessing with the intent to manufacture, distribute, or 
        dispense, a controlled substance (as such term is defined in 
        section 102(6) of the Controlled Substances Act (21 U.S.C. 
        802(6)).
            (2) Criminal drug dealer registry.--The term ``criminal 
        drug dealer registry'' means a registry of criminal drug 
        dealers, and a notification program, maintained by a 
        jurisdiction.
            (3) Criminal offense.--The term ``criminal offense'' means 
        a State, local, tribal, foreign, or military offense (to the 
        extent specified by the Secretary of Defense under section 
        115(a)(8)(C)(i) of Public Law 105-119 (10 U.S.C. 951 note)) or 
        other criminal offense.
            (4) Employee.--The term ``employee'' includes an individual 
        who is self-employed or works for any other entity, whether 
        compensated or not.
            (5) 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 2(o), a federally recognized 
                Indian tribe.
            (6) Resides.--The term ``resides'' means, with respect to 
        an individual, the location of the individual's home or other 
        place where the individual habitually lives.
            (7) Student.--The term ``student'' means an individual who 
        enrolls in or attends an educational institution (whether 
        public or private), including a secondary school, trade or 
        professional school, and institution of higher education.
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