[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1086 Engrossed in Senate (ES)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                S. 1086

_______________________________________________________________________

                                 AN ACT


 
To improve the national program to register and monitor individuals who 
            commit crimes against children or sex offenses.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as--
            (1) the ``Jacob Wetterling, Megan Nicole Kanka, and Pam 
        Lychner Sex Offender Registration and Notification Grant Act'';
            (2) the ``Sex Offender Registration and Notification Act''; 
        or
            (3) the ``Jetseta Gage Prevention and Deterrence of Crimes 
        Against Children Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Effective date.
  TITLE I--JACOB WETTERLING, MEGAN NICOLE KANKA, AND PAM LYCHNER SEX 
          OFFENDER REGISTRATION AND NOTIFICATION GRANT PROGRAM

Sec. 101. Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex 
                            Offender Registration and Notification 
                            Grant Program.
Sec. 102. Definitions.
Sec. 103. Assistance grants to participating States.
Sec. 104. Duty of covered individuals to provide information.
Sec. 105. Duties of Attorney General and participating States.
Sec. 106. Participating state sex offender registries.
Sec. 107. Development and availability of registry management software.
Sec. 108. Election by Indian tribes.
Sec. 109. Provision of notice and access to Indian tribes.
Sec. 110. Applicability to minors.
Sec. 111. Rule of construction.
Sec. 112. Immunity for good faith conduct.
Sec. 113. State unconstitutionality.
Sec. 114. Regulations.
Sec. 115. Authorization of appropriations.
Sec. 116. Effect on current law.
 TITLE II--DRU SJODIN NATIONAL SEX OFFENDER PUBLIC DATABASE ACT OF 2006

Sec. 201. Short title and definitions.
Sec. 202. National sex offender public registry.
Sec. 203. Release of high-risk inmates.
  TITLE III--JETSETA GAGE PREVENTION AND DETERRENCE OF CRIMES AGAINST 
                          CHILDREN ACT OF 2006

Sec. 301. Short title.
Sec. 302. Assured punishment for violent crimes against children.
Sec. 303. Increased penalties for sexual offenses against children.
             TITLE IV--JESSICA LUNSFORD AND SARAH LUNDE ACT

Sec. 401. Short title.
Sec. 402. Pilot program for monitoring sexual offenders.
                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Access to Interstate Identification Index.
Sec. 502. Limitation on liability for NCMEC.
Sec. 503. Missing child reporting requirements.
Sec. 504. Treatment and management of sex offenders in the Bureau of 
                            Prisons.
Sec. 505. Authorization for American Prosecutors Research Institute.
Sec. 506. Sex offender apprehension grants.
Sec. 507. Access to Federal crime information databases by educational 
                            agencies for certain purposes.
Sec. 508. Grants to combat sexual abuse of children.
Sec. 509. Severability.
Sec. 510. Failure to provide information a deportable offense.
Sec. 511. Repeal.
Sec. 512. Conforming amendments to title 18, United States Code.
       TITLE VI--COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES

Sec. 601. Comprehensive examination of sex offender issues.

SEC. 2. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect on the 
date that is 6 months after the date of the enactment of this Act.

  TITLE I--JACOB WETTERLING, MEGAN NICOLE KANKA, AND PAM LYCHNER SEX 
          OFFENDER REGISTRATION AND NOTIFICATION GRANT PROGRAM

SEC. 101. JACOB WETTERLING, MEGAN NICOLE KANKA, AND PAM LYCHNER SEX 
              OFFENDER REGISTRATION AND NOTIFICATION GRANT PROGRAM.

    The Attorney General shall establish guidelines for States' sex 
offender registration programs pursuant to this title. Collectively, 
the guidelines and the programs shall be known as the ``Jacob 
Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender 
Registration and Notification Program''.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Covered individual.--The term ``covered individual'' 
        means any adult or juvenile in a participating domicile State, 
        participating work State, or participating school State 
        convicted as an adult--
                    (A) who has been convicted of a covered offense 
                against a minor;
                    (B) who has been convicted of a sexually violent 
                offense;
                    (C) who has been convicted of an offense described 
                in paragraph (2);
                    (D) who has been convicted of an offense under 
                State law that is similar to the offenses described in 
                described in paragraph (2);
                    (E) who is described in section 4042(c)(4) of title 
                18, United States Code, except for those convicted of a 
                violation of section 2257 or 2258 of title 18, United 
                States Code; or
                    (F) who has been sentenced by a court martial for 
                conduct 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).
            (2) Covered offense against a minor.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the term ``covered offense against a minor'' means 
                an offense (whether under the law of a State, Federal 
                law, or military law) that is comparable to or more 
                severe than any of the following offenses:
                            (i) Kidnapping of a minor, except by a 
                        parent or guardian of the minor, if sexual 
                        conduct toward the minor is proved beyond a 
                        reasonable doubt.
                            (ii) False imprisonment of a minor, except 
                        by a parent or guardian of the minor, if sexual 
                        conduct toward the minor is proved beyond a 
                        reasonable doubt.
                            (iii) Criminal sexual conduct toward a 
                        minor.
                            (iv) Solicitation of a minor to engage in 
                        sexual conduct.
                            (v) Use of a minor in a sexual performance.
                            (vi) Solicitation of a minor to practice 
                        prostitution.
                            (vii) Possession, production, or 
                        distribution of child pornography, as described 
                        in section 2251, 2252, or 2252A of title 18, 
                        United States Code.
                            (viii) Use of the Internet to facilitate or 
                        commit a covered offense against a minor or to 
                        attempt to commit such an offense against an 
                        agent of the government who has been 
                        represented to be a minor.
                            (ix) Video voyeurism as described in 
                        section 1801 of title 18, United States Code, 
                        when committed against a minor.
                            (x) An attempt or conspiracy to commit any 
                        of the offenses listed in this definition.
                    (B) Convictions under the laws of a foreign 
                country.--The term ``covered offense against a minor'' 
                includes convictions for offenses specified in 
                subparagraph (A) that have been obtained under the laws 
                of any foreign nation that has been certified by the 
                Attorney General, after notice and an opportunity for a 
                hearing, as having a sufficiently reliable criminal 
                justice system.
                    (C) Exception for certain offenses.--The term 
                ``covered offense against a minor'' does not include an 
                offense if the conduct on which the offense is based is 
                criminal only because of the age of the victim, and if 
                individual had committed the offense either had not 
                attained the age of 18 years or was less than 4 years 
                older than the victim when the offense was committed.
            (3) Domicile.--The term ``domicile'' means, with respect to 
        an individual, any place that serves as the primary place at 
        which the individual lives.
            (4) Domicile state.--The term ``domicile State'' means, 
        with respect to an individual, the State within the 
        jurisdiction of which is the individual's domicile.
            (5) Educational institution.--The term ``educational 
        institution'' includes (whether public or private) any 
        secondary school, trade or professional institution, and 
        institution of higher education.
            (6) Employment.--The term ``employment'' includes carrying 
        on a vocation and covers any labor or service rendered (whether 
        as a volunteer or for compensation or for government or 
        educational benefit) on a full-time or part-time basis.
            (7) Minor.--The term ``minor'' means any person who has not 
        attained the age of 18 years or the age of consent in the 
        relevant jurisdiction, whichever age is lower.
            (8) National sex offender registry.--The term ``National 
        Sex Offender Registry'' means the database maintained by the 
        Attorney General pursuant to section 105.
            (9) National sex offender public registry.--The term 
        ``National Sex Offender Public Registry'' means the Internet 
        site maintained by the Attorney General pursuant to section 
        202.
            (10) Participating state.--The term ``participating State'' 
        means a State participating in the grant program authorized 
        under this title.
            (11) School state.--The term ``school State'' means, with 
        respect to an individual, the State within the jurisdiction of 
        which the educational institution at which the individual is a 
        student is located.
            (12) Sexually violent offense.--The term ``sexually violent 
        offense'' means an offense (whether under the law of a State, 
        Federal law, military law, or the law of a foreign country) 
        that is comparable to or more severe than any of the following 
        offenses:
                    (A) Aggravated sexual abuse or sexual abuse (as 
                described in sections 2241 and 2242 of title 18, United 
                States Code).
                    (B) An attempt or conspiracy to commit such an 
                offense.
            (13) State.--The term ``State'' means any of the following:
                    (A) A State.
                    (B) The District of Columbia, the Commonwealth of 
                Puerto Rico, Guam, American Samoa, the United States 
                Virgin Islands, or the Northern Mariana Islands.
                    (C) A federally recognized Indian tribe that has 
                elected in accordance with section 108 to carry out 
                this Act as a jurisdiction subject to its provisions.
            (14) Student.--The term ``student'' means an individual 
        who, whether on a full-time or part-time basis, enrolls in or 
        attends an educational institution.
            (15) Tier i individual.--The term ``Tier I individual'' 
        means an individual required to register under this title who 
        is subject to the least intensive registration requirements, as 
        determined in accordance with criteria promulgated under 
        section 106(b)(1)(E).
            (16) Tier ii individual.--The term ``Tier II individual'' 
        means an individual required to register under this title who 
        is subject to more intensive registration requirements than 
        Tier I individuals, as determined in accordance with criteria 
        promulgated under section 106(b)(1)(E).
            (17) Tier iii individual.--The term ``Tier III individual'' 
        means an individual required to register under this title who 
        is subject to the most intensive registration requirements, as 
        determined in accordance with criteria promulgated under 
        section 106(b)(1)(E).
            (18) Work state.--The term ``work State'' means, with 
        respect to an individual, the State within the jurisdiction of 
        which the individual's current place of employment is located 
        or, if the individual is unemployed, the individual's most 
        recent place of employment.

SEC. 103. ASSISTANCE GRANTS TO PARTICIPATING STATES.

    (a) Sex Offender Management Assistance Program.--
            (1) In general.--From amounts made available to carry out 
        this subsection, the Attorney General shall carry out a 
        program, to be known as the Sex Offender Management Assistance 
        program (in this section referred to as the ``SOMA program''), 
        under which the Attorney General may award grants to 
        participating States to offset costs directly associated with 
        implementing this title.
            (2) Distribution of funds.--Each grant awarded under the 
        SOMA program shall be distributed directly to the participating 
        State for distribution by that participating State to public 
        entities, including local governments and law enforcement 
        agencies, within that participating State.
            (3) Uses.--Up to 10 percent of a grant awarded under the 
        SOMA program may be used to participate in 1 or more databases 
        that identify individuals in custody.
            (4) Eligibility.--
                    (A) In general.--To be eligible to receive a grant 
                under the SOMA program in a fiscal year and except as 
                provided in subparagraph (B), the chief executive of a 
                participating State shall submit to the Attorney 
                General an application (in such form, at such a time, 
                and containing such information as the Attorney General 
                may reasonably require) assuring that--
                            (i) the participating State has 
                        substantially implemented (or is making a good 
                        faith effort to substantially implement) this 
                        title; and
                            (ii) the participating State has made the 
                        failure of a covered individual to register as 
                        required a felony.
                    (B) Exception.--The Attorney General may waive the 
                requirement of subparagraph (A) if a participating 
                State demonstrates an overriding need for assistance 
                under the SOMA program.
            (5) Allocation of funds.--In allocating funds under the 
        SOMA program, the Attorney General may consider the number of 
        covered individuals registered in each participating State's 
        registry.
            (6) Incorporation of certain training programs.--
                    (A) Study.--During the course of implementing the 
                SOMA program, the Attorney General shall study the 
                feasibility of incorporating into the SOMA program the 
                activities of any technical assistance or training 
                program established as a result of section 40152 of the 
                Violent Crime Control and Law Enforcement Act of 1994 
                (42 U.S.C. 13941).
                    (B) Incorporating.--In a case in which 
                incorporating such activities into the SOMA program 
                will eliminate duplication of efforts or administrative 
                costs, the Attorney General shall take administrative 
                actions, as allowable, and make recommendations to 
                Congress to incorporate such activities into the SOMA 
                program.
    (b) Incentives; Bonus Payments for Early Compliance.--
            (1) Bonus.--A participating State that has substantially 
        implemented this title within 2 years after the date of the 
        enactment of this Act is eligible for a bonus payment under the 
        SOMA program for the fiscal year after the Attorney General 
        certifies that the participating State has achieved substantial 
        implementation.
            (2) Amount.--The amount of the bonus payment under 
        paragraph (1) shall be--
                    (A) equal to 5 percent of the funds that the 
                participating State received under the SOMA program for 
                the preceding fiscal year; or
                    (B) if the participating State has substantially 
                implemented this title within 1 year after the date of 
                enactment of this Act, the amount of the bonus payment 
                shall be equal to 10 percent of the funds that the 
                participating State received under the SOMA program for 
                the preceding fiscal year.
            (3) One payment.--A participating State may receive a bonus 
        payment under this subsection only once during the course of 
        the SOMA program.
    (c) Reports to Congress.--Each year, the Attorney General shall 
submit to Congress a report identifying the extent to which each 
participating State has implemented this title.

SEC. 104. DUTY OF COVERED INDIVIDUALS TO PROVIDE INFORMATION.

    (a) Information Required Periodically.--A covered individual shall, 
for the life of that individual (except as provided in this section), 
provide information as follows:
            (1) Registration information.--Initially during the time 
        period specified in accordance with paragraph (4), and 
        thereafter as provided in paragraph (5), the individual shall--
                    (A) appear before persons designated by the 
                individual's participating domicile State, 
                participating work State (if different from the 
                participating domicile State), and participating school 
                State (if different from the participating domicile 
                State); and
                    (B) provide to such persons--
                            (i) the individual's name and aliases;
                            (ii) the individual's Social Security 
                        number;
                            (iii) the address where the individual 
                        maintains or will maintain his domicile;
                            (iv) a photocopy of a valid driver's 
                        license or identification card issued to the 
                        individual from the Department of Motor 
                        Vehicles in the individual's domicile State;
                            (v) the license plate number of, and other 
                        identifying information with respect to, each 
                        vehicle owned or operated by the individual;
                            (vi) the name and address of the place 
                        where the individual is employed or will be 
                        employed; and
                            (vii) the name and address of any 
                        educational institution at which the individual 
                        is a student or will be a student.
            (2) Photograph.--Initially during the time period specified 
        in accordance with paragraph (4), and thereafter at least once 
        every 12 months, the individual shall appear before persons 
        designated by the individual's participating domicile State, 
        participating work State (if different from the participating 
        domicile State), and participating school State (if different 
        from the participating domicile State) and submit to the taking 
        of a photograph.
            (3) Fingerprints.--During the time period specified in 
        accordance with paragraph (4), the individual shall appear 
        before persons designated by the individual's participating 
        domicile State, participating work State (if different from the 
        participating domicile State), and participating school State 
        (if different from the participating domicile State) and submit 
        to the taking of fingerprints. This paragraph does not apply if 
        the State determines that it already has a valid set of 
        fingerprints in its possession.
            (4) Timing of initial registration.--The Attorney General 
        shall prescribe the time period within which a covered 
        individual must fulfill the initial registration requirements 
        set forth in paragraphs (1), (2), and (3).
            (5) Ongoing registration.--
                    (A) In general.--The ongoing registration 
                requirement under paragraph (1) is--
                            (i) for Tier I individuals every 12 months;
                            (ii) for Tier II individuals every 6 
                        months; and
                            (iii) for Tier III individuals every 3 
                        months.
                    (B) Exemption.--A covered individual is exempt from 
                the ongoing registration requirement of this subsection 
                if the covered individual is incarcerated at the time 
                specified in subparagraph (A).
            (6) Covered individual in custody of a state other than 
        domicile state.--A covered individual who, during the time 
        period specified in accordance with paragraph (4), is in the 
        custody of a participating State that is not the individual's 
        participating domicile State, shall fulfill the initial 
        registration requirements set forth in paragraphs (1), (2), and 
        (3) by providing the specified information to an appropriate 
        official of the jurisdiction that is holding the individual in 
        custody. The official shall promptly make available that 
        information to the individual's domicile State.
            (7) Individual in federal or military custody.--Whenever an 
        individual is a covered individual on the basis of subparagraph 
        (C), (E) or (F) of section 102(1), the procedure upon release 
        or sentencing of the individual shall be as provided in section 
        4042(c) of title 18, United States Code, or section 
        115(a)(8)(C) of title I of Public Law 105-119. The individual 
        shall promptly register and continue to register as provided in 
        this section in each participating domicile, work, and school 
        State of the individual. To the extent that any procedure or 
        requirement of this section cannot be applied to the 
        individual, the Attorney General may specify alternative 
        procedures and requirements for the registration of such 
        individuals in participating domicile, work, and school States.
            (8) Retroactive application.--The Attorney General shall 
        have the authority to--
                    (A) specify the applicability of the requirements 
                of this title to individuals who are covered 
                individuals based on a conviction or sentencing that 
                occurred prior to the date of enactment or who are, as 
                of the date of enactment of this Act, incarcerated or 
                under a non-incarcerative sentence for some other 
                offense;
                    (B) specify the applicability of the requirements 
                of this title to all other individuals who are covered 
                individuals based on a conviction or sentencing that 
                occurred prior to the enactment date of enactment of 
                this Act or the implementation of the requirements of 
                this title by a participating State; and
                    (C) specify procedures and methods for the 
                registration of individuals to whom the requirements of 
                this title apply pursuant to subparagraph (A) or (B).
    (b) Requirement To Register and Keep Registration Information 
Current.--
            (1) Registration requirement.--A covered individual shall, 
        for the life of that individual (except as provided in this 
        section), promptly register in each participating domicile, 
        work, and school State of the individual and keep the 
        registration information current. To the extent that the 
        procedures or requirements for registering or updating 
        registration information in any participating domicile, work, 
        or school State are not fully specified in this section, the 
        Attorney General may specify such procedures and requirements.
            (2) Changes to registration information of certain 
        offenders.--The following shall apply to changes of 
        registration information under this section for Tier II and 
        Tier III individuals:
                    (A) Change of name.--Not more than 5 days after 
                changing his or her name, the individual shall appear 
                before persons designated by the individual's 
                participating domicile State, participating work State 
                (if different from the participating domicile State), 
                and participating school State (if different from the 
                participating domicile State) and provide the new name.
                    (B) Change of address.--Not more than 5 days before 
                or after establishing a new domicile, the individual 
                shall--
                            (i) appear before persons designated by the 
                        individual's participating domicile State, 
                        participating work State (if different from the 
                        participating domicile State), and 
                        participating school State (if different from 
                        the participating domicile State) and provide 
                        the address of the new domicile and the address 
                        of the previous domicile; and
                            (ii) if the new domicile and the previous 
                        domicile are not both within the jurisdiction 
                        of a single participating State under this 
                        Act--
                                    (I) appear before a person 
                                designated by the individual's previous 
                                participating domicile State (and 
                                appear before persons designated by the 
                                individual's participating work State 
                                (if different from the previous 
                                participating domicile State) and 
                                participating school State (if 
                                different from the previous 
                                participating domicile State)) and 
                                fulfill the requirements of clause (i); 
                                and
                                    (II) appear before a person 
                                designated by the individual's new 
                                participating domicile State to--
                                            (aa) provide the designated 
                                        person the address of the new 
                                        domicile and the address of the 
                                        previous domicile; and
                                            (bb) submit to the taking 
                                        of a photograph and, unless the 
                                        participating State determines 
                                        that it already possesses a 
                                        valid set, fingerprints.
                    (C) Change of employment.--Not more than 5 days 
                before or after beginning, or ceasing, employment by an 
                employer, the individual shall appear before, and 
                provide notice of the beginning or ceasing, and the 
                name and address of the employer, to--
                            (i) a person designated by the individual's 
                        participating domicile State; and
                            (ii) if the individual's participating work 
                        State is different from the domicile State, a 
                        person designated by the individual's 
                        participating work State.
                    (D) Change of student status.--Not more than 5 days 
                before, after beginning, or ceasing to be a student at 
                an educational institution, the individual shall appear 
                before, and provide notice of the beginning or ceasing, 
                and the name and address of the educational 
                institution, to--
                            (i) a person designated by the individual's 
                        participating domicile State; and
                            (ii) if the individual's participating 
                        school State is different from the domicile 
                        State, a person designated by the individual's 
                        participating school State.
    (c) Punishment.--
            (1) In general.--Whoever--
                    (A) knowingly fails to register in any jurisdiction 
                in which such person is required to register under this 
                title; and
                    (B)(i) has been convicted of a Federal offense, an 
                offense under the Uniform Code of Military Justice, or 
                a tribal offense, for which registration is required by 
                such Act or law; or
                    (ii) travels in interstate or foreign commerce.
        shall be fined under this title and imprisoned according to the 
        penalties in paragraphs (2) and (3).
            (2) First conviction.--On the first conviction under 
        paragraph (1)--
                    (A) a Tier I individual shall be fined under title 
                18, United States Code, or imprisoned not more than 3 
                years, or both;
                    (B) a Tier II individual shall be fined under title 
                18, United States code, or imprisoned not more than 5 
                years, or both; and
                    (C) a Tier III individual shall be fined under 
                title 18, United States Code, or imprisoned not more 
                than 10 years, or both.
            (3) Subsequent convictions.--On any conviction after the 
        first under paragraph (1)--
                    (A) a Tier I individual shall be fined under title 
                18, United States Code, or imprisoned not more than 10 
                years, or both;
                    (B) a Tier II individual shall be fined under title 
                18, United States code, or imprisoned not more than 20 
                years, or both; and
                    (C) a Tier III individual shall be fined under 
                title 18, United States Code, or imprisoned for any 
                term of years or for life, or both.
            (4) Affirmative defense.--In a prosecution for a violation 
        under this section, it is an affirmative defense--
                    (A) that uncontrollable circumstances prevented the 
                individual from complying;
                    (B) the individual did not contribute to the 
                creation of such circumstances in reckless disregard of 
                the requirement to comply; and
                    (C) the individual complied as soon as such 
                circumstances ceased to exist.
            (5) Continuing violations.--A violation under this section 
        is a continuing violation for purposes of the statute of 
        limitations.
            (6) Exceptions.--An individual may petition for relief from 
        the requirements of subsections (a) and (b) based on a claim 
        that--
                    (A) the conviction that subjected the individual to 
                those requirements has been overturned;
                    (B) the individual's inclusion on the applicable 
                registry is the result of an administrative or clerical 
                error; or
                    (C) the individual has been pardoned by the chief 
                executive of the jurisdiction in which the individual 
                was convicted of the crime that subjected the 
                individual to the requirements of subsections (a) and 
                (b).
    (d) Exceptions for Certain Individuals.--Subsections (a) and (b) 
apply to any covered individual, except as provided as follows:
            (1) Tier i individuals.--The individual is a Tier I 
        individual and both of the following apply:
                    (A) The individual has only 1 conviction for an 
                offense that qualifies the individual as a covered 
                individual.
                    (B) A period of at least 10 years, excluding 
                ensuing periods of incarceration, has expired since the 
                date on which the individual was sentenced for, or 
                completed the term of imprisonment for, the conviction 
                described in subparagraph (A).
            (2) Tier ii individuals.--The individual is a Tier II 
        individual and both of the following apply:
                    (A) The individual has only 1 conviction for an 
                offense that qualifies the individual as a covered 
                individual.
                    (B) A period of at least 20 years, excluding 
                ensuing periods of incarceration, has expired since the 
                date on which the individual was sentenced for, or 
                completed the term of imprisonment for, the conviction 
                described in subparagraph (A).

SEC. 105. DUTIES OF ATTORNEY GENERAL AND PARTICIPATING STATES.

    (a) Duty To Obtain Acknowledgment of Obligations.--
            (1) In general.--During the time period specified in 
        paragraph (2), an appropriate official shall--
                    (A) inform each covered individual of the duty to 
                register and of that individual's ongoing obligations 
                under this title;
                    (B) require the individual to read and sign a form 
                affirming that--
                            (i) the duty to register has been explained 
                        to the individual;
                            (ii) the individual's ongoing obligations 
                        under this title have been explained to the 
                        individual; and
                            (iii) the individual understands the 
                        registration requirements; and
                    (C) ensure that the individual has completed the 
                initial registration process.
            (2) Appropriate time period.--The Attorney General shall 
        prescribe an appropriate time period during which the 
        requirements set forth in paragraph (1) shall be fulfilled.
            (3) Fulfillment.--The requirements of paragraph (1) shall 
        be fulfilled--
                    (A) before a covered individual has been released 
                from custody; or
                    (B) if the covered individual is not in custody, 
                shortly after the individual has been sentenced.
    (b) Obtaining and Sharing Information.--
            (1) Obtaining information.--When an individual appears 
        before the Attorney General or a participating State to provide 
        information pursuant to this title (including information such 
        as photographs and fingerprints), the Attorney General (or the 
        participating State, or both, as the case may be) shall--
                    (A) ensure that the individual complies with the 
                applicable requirements of this title;
                    (B) ensure that the information provided is 
                accurate and complete; and
                    (C) ensure that the information provided is 
                promptly entered into the appropriate records or data 
                system of the participating State.
            (2) Sharing information.--
                    (A) Domicile state.--The domicile State of an 
                individual, and the State which originally registers 
                the individual if different from the domicile State, 
                shall promptly notify each domicile, work, and school 
                State of the individual of which it is aware concerning 
                the individual's domicile, employment, or student 
                status in such State and shall make available to each 
                such State the information concerning the individual.
                    (B) Change in domicile.--If a domicile State of an 
                individual is informed by the individual, or otherwise 
                becomes aware, that there will be or has been a change 
                in the individual's domicile State, the domicile State 
                shall promptly notify the new domicile State and make 
                available to the new domicile State the information 
                concerning the individual.
                    (C) Available information.--A domicile State shall 
                promptly make available the information concerning an 
                individual to a law enforcement agency or agencies in 
                the State having jurisdiction where--
                            (i) the individual's domicile is located;
                            (ii) the individual's place of employment 
                        is located; and
                            (iii) any educational institution at which 
                        the individual is a student is located.
    (c) Entry of Information Into the National Sex Offender Registry.--
            (1) Maintenance of a national sex offender registry.--The 
        Attorney General shall maintain a national database at the 
        Federal Bureau of Investigation, to be known as the National 
        Sex Offender Registry, which shall include information 
        concerning covered individuals who are required to register in 
        the sex offender registry of any jurisdiction. Information may 
        be released from the National Sex Offender Registry to criminal 
        justice agencies, and to other entities as the Attorney General 
        may provide.
            (2) Participation in the national sex offender 
        registries.--Each participating State shall, in the time and 
        manner provided by the Attorney General--
                    (A) submit to the Attorney General the information 
                concerning each covered individual under this title, 
                which shall be included in the National Sex Offender 
                Registry or other databases as appropriate;
                    (B) submit the information described in 
                subparagraph (A) in a manner that allows the Attorney 
                General to include it in the National Sex Offender 
                Registries; and
                    (C) participate in the National Sex Offender Public 
                Registry maintained pursuant to section 202.
    (d) When a Covered Individual Is Missing.--
            (1) State.--Whenever a participating State is unable to 
        verify the address of or locate a covered individual, the 
        participating State shall promptly notify the Attorney General.
            (2) Attorney general.--Whenever information is made known 
        to the Attorney General under paragraph (1) that a State is 
        unable to verify the address of or locate a covered individual, 
        the Attorney General shall--
                    (A) revise the National Sex Offender Registry to 
                reflect that information; and
                    (B) add the name of the individual to the wanted 
                person file of the National Crime Information Center 
                and create a wanted persons record if an arrest warrant 
                that meets the requirements for entry into the file is 
                issued in connection with the violation.
            (3) Investigation.--The Attorney General shall use the 
        authority provided in section 566(e)(1)(B) of title 28, United 
        States Code, the authority to investigate offenses under 
        chapter 49 of title 18, United States Code, and the authority 
        provided in any other relevant provision of law, as 
        appropriate, to assist States and other jurisdictions in 
        locating and apprehending covered individuals and any other 
        individuals who violate sex offender registration requirements.
    (e) 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. 106. PARTICIPATING STATE SEX OFFENDER REGISTRIES.

    (a) Statewide Registry Required.--Each participating State shall 
maintain, throughout its jurisdiction, a single comprehensive registry 
of information collected under this title.
    (b) Release of Information in Registry.--Each participating State 
shall have in effect, throughout its jurisdiction, a single public 
information program that includes the following elements:
            (1) Internet site.--
                    (A) Information.--
                            (i) In general.--Except as provided in 
                        clause (iii), the participating State shall 
                        release to the public, through an Internet site 
                        maintained by the State that shall have 
                        multiple field search capability, the following 
                        information for Tier II and III individuals 
                        whose domicile State, work State, or school 
                        State is the same as the participating State:
                                    (I) The name and any known aliases 
                                of the individual.
                                    (II) The date of birth of the 
                                individual.
                                    (III) A physical description of the 
                                individual.
                                    (IV) The current photograph of the 
                                individual.
                                    (V) The domicile address of the 
                                individual.
                                    (VI) The address of the 
                                individual's place of employment.
                                    (VII) The address of any 
                                educational institution at which the 
                                individual is a student.
                                    (VIII) The nature and date of all 
                                offenses qualifying the individual as a 
                                covered individual.
                                    (IX) The date on which the 
                                individual was released from prison, or 
                                placed on parole, supervised release, 
                                or probation, for the most recent 
                                offense qualifying the individual as a 
                                covered individual.
                                    (X) Tier designation for the 
                                individual.
                                    (XI) Compliance status of the 
                                individual.
                            (ii) Tier i individuals.--The participating 
                        State may, at its discretion, include 
                        information about Tier I individuals on its 
                        Internet site.
                            (iii) Victims.--The participating State 
                        shall make every effort not to disclose the 
                        identity of the victim of an offense. 
                        Information about a covered individual whose 
                        duty to register is based solely on offenses 
                        against intrafamilial minors may, after 
                        consultation with the victim, be limited or 
                        withheld in its entirety from an Internet site 
                        or registry, at the discretion of the 
                        participating State.
                            (iv) Links.--The site shall include, as 
                        much as practicable, links to sex offender 
                        safety and education resources.
                    (B) Integration of state sites.--The participating 
                State shall consult with other States to ensure, as 
                much as practicable, that the site integrates with and 
                shares information with the sites maintained by those 
                other States.
                    (C) Correction of errors.--The site shall contain 
                instructions on the process for correcting information 
                that a person alleges to be erroneous.
                    (D) Warning.--The site shall include a warning that 
                the information presented should not be used to injure, 
                harass, or commit a criminal act 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 criminal prosecution.
                    (E) Tier designation.--
                            (i) In general.--The participating State 
                        shall establish 3 tier designations. The tier 
                        designation of an individual shall be 
                        determined under criteria promulgated by the 
                        participating State in accordance with the 
                        participating State's resources and local 
                        priorities.
                            (ii) Sexually violent offenders.--All 
                        individuals convicted of sexually violent 
                        offenses shall be designated as Tier III 
                        individuals.
                            (iii) Physical contact of a sexual nature 
                        with a minor.--All individuals convicted of any 
                        offense, an element of which is physical 
                        contact of a sexual nature with a minor, shall 
                        be designated as Tier II or Tier III 
                        individuals.
            (2) Community notification.--
                    (A) Tier ii individuals.--Appropriate law 
                enforcement agencies in participating States shall 
                release information collected under this title relating 
                to Tier II individuals to public and private schools, 
                including institutions of higher learning, child care 
                providers, and businesses that provide services or 
                products to children, located within a radius, 
                prescribed by the participating State, of the home or 
                work address of the individual.
                    (B) Tier iii individuals.--Appropriate law 
                enforcement agencies in participating States shall 
                release information collected under this title relating 
                to Tier III individuals to--
                            (i) public and private schools, including 
                        institutions of higher learning, child care 
                        providers, and businesses that provide services 
                        or products to children, located within a 
                        radius, prescribed by the participating State, 
                        of the home or work address of the individual; 
                        and
                            (ii) residents who reside within a radius, 
                        prescribed by the participating State, of the 
                        home or work address of the individual.
    (c) Publication of Number of Offenders Registered.--
            (1) In general.--Every 6 months, the Attorney General shall 
        collect from each State information on the total number of 
        covered individuals included in the registry maintained by that 
        State.
            (2) Public availability and contents.--The Attorney General 
        shall--
                    (A) release information under paragraph (1) to the 
                public in a manner consistent with this title; and
                    (B) include in such a release the number of 
                individuals within each tier and the number of 
                individuals who are in compliance with this title 
                within each tier.
            (3) Double-counting.--In reporting information collected 
        under paragraph (1), the Attorney General shall ensure, to the 
        extent practicable, that offenders are not being double-
        counted.

SEC. 107. DEVELOPMENT AND AVAILABILITY OF REGISTRY MANAGEMENT SOFTWARE.

    (a) Development of Software Required.--The Attorney General, in 
consultation with participating States, shall--
            (1) develop a software application that can be used by 
        participating States for purposes of this title; and
            (2) ensure that such software operates in such a manner 
        that a participating State can, by using the software, fully 
        comply with all the requirements under this title for managing 
        and exchanging information (including exchanging information 
        with other States).
    (b) Availability to States.--The Attorney General shall make the 
software developed under this section available to States. The first 
complete edition of the software shall be made available within 2 years 
after the date of the enactment of this Act.
    (c) Support.--The Attorney General shall ensure that States are 
provided technical support for the installation of the software and for 
maintaining the software.

SEC. 108. 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 a participating State or participating States 
                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 participating State or participating States to 
                carry out and enforce the requirements of this title.
            (2) Election.--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 participating 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 Participating State and Tribal 
Authorities.--
            (1) Nonduplication.--A tribe subject to this title is not 
        required for purposes of this title to duplicate functions 
        under this title which are fully carried out by a participating 
        State or participating States within which the territory of the 
        tribe is located.
            (2) Cooperative agreements.--A tribe may, through 
        cooperative agreements with such a participating State or 
        participating States--
                    (A) arrange for the tribe to carry out any function 
                of the participating State under this title with 
                respect to sex offenders subject to the tribe's 
                jurisdiction; and
                    (B) arrange for the participating State to carry 
                out any function of the tribe under this title with 
                respect to sex offenders subject to the tribe's 
                jurisdiction.

SEC. 109. PROVISION OF NOTICE AND ACCESS TO INDIAN TRIBES.

    (a) Conforming Amendment to Title 18, United States Code.--Section 
4042(c)(1)(A) of title 18, United States Code, is amended by striking 
``State'' and inserting ``State, Indian Country,''.
    (b) Responsibility of Participating States.--An appropriate 
participating State official, pursuant to this title and exercising 
jurisdiction pursuant to Public Law 93-280, shall ensure that notice is 
provided to any Indian tribe of the release into the jurisdiction of 
the Indian tribe of a covered individual.
    (c) Access to National Sex Offender Registry.--From funds made 
available under section 107, the Attorney General shall use such 
amounts as the Attorney General determines to be appropriate to make 
grants to Indian tribes for the development of electronic databases to 
provide access to information in the National Sex Offender Registry.

SEC. 110. APPLICABILITY TO MINORS.

    Notwithstanding any other provision of this Act, the requirements 
of this Act are not applicable with respect to any individual who is 
only subject to such requirements because of a delinquent adjudication 
that occurred when the individual was a minor, unless that individual 
was charged and convicted as an adult.

SEC. 111. RULE OF CONSTRUCTION.

    The provisions of this title that are cast as directions to 
participating States or their officials constitute only conditions that 
must be substantially met, in accordance with section 107, in order to 
obtain Federal funding under this title.

SEC. 112. IMMUNITY FOR GOOD FAITH CONDUCT.

    The Federal Government, participating States and political 
subdivisions thereof, and their agencies, officers, employees, and 
agents shall be immune from liability for good faith conduct under this 
Act.

SEC. 113. STATE UNCONSTITUTIONALITY.

    (a) In General.--Nothing in this title shall be deemed to require a 
participating State to take any action that would violate that 
participating State's constitution.
    (b) Funds.--The Attorney General shall not withhold funds to any 
participating State under section 107 if the participating State 
declines to implement any provisions of this title on the ground that 
to do so would place the participating State in violation of its 
constitution or a ruling by the participating State's highest court.
    (c) Deference.--In considering whether compliance with the 
requirements of this title would likely violate the participating 
State's constitution or rulings by the participating State's highest 
court under this section, the Attorney General shall defer to the 
participating State's interpretation of the participating State's 
constitution and rulings of the participating State's highest court 
unless those interpretations are clearly erroneous.

SEC. 114. REGULATIONS.

    The Attorney General shall issue guidelines and regulations to 
interpret and implement this title.

SEC. 115. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for each of fiscal years 
2006 through 2009 such sums as may be necessary to carry out this 
title.

SEC. 116. EFFECT ON CURRENT LAW.

    This title does not diminish any existing conditions on 
participating and non-participating States under current law.

 TITLE II--DRU SJODIN NATIONAL SEX OFFENDER PUBLIC DATABASE ACT OF 2006

SEC. 201. SHORT TITLE AND DEFINITIONS.

    (a) Short Title.--This title may be cited as the ``Dru Sjodin 
National Sex Offender Public Database Act of 2006''.
    (b) Definitions.--The definitions in section 102 shall apply in 
this title.

SEC. 202. NATIONAL SEX OFFENDER PUBLIC REGISTRY.

    (a) In General.--The Attorney General shall maintain a national 
Internet site, to be known as the ``National Sex Offender Public 
Registry,'' through which the public can access information in the 
public sex offender Internet sites of all States by means of single-
query searches.
    (b) Information Available in Public Registry.--With respect to Tier 
II and Tier III individuals and except as provided in subsection (e), 
the National Sex Offender Public Registry shall provide the following 
information:
            (1) The name and any known aliases of the individual.
            (2) The date of birth of the individual.
            (3) A physical description of the individual.
            (4) The current photograph of the individual.
            (5) The domicile address of the individual.
            (6) The address of the individual's place of employment.
            (7) The address of any educational institution at which the 
        individual is a student.
            (8) The nature and date of all offenses qualifying the 
        individual as a covered individual.
            (9) The date on which the individual was released from 
        prison, or placed on parole, supervised release, or probation, 
        for the most recent offense qualifying the individual as a 
        covered individual.
            (10) Tier designation for the individual.
            (11) Compliance status of the individual.
    (c) Search Capabilities.--The National Sex Offender Public Registry 
shall have multiple search capabilities, including--
            (1) searches by name; and
            (2) searches by geographic area including searches by zip 
        code area and searches within a radius specified by the user.
    (d) Tier I Individuals.--The Attorney General shall also provide, 
in accordance with this section, information related to a Tier I 
individual only if such information is provided by a State on that 
State's Internet site.
    (e) Family Member Offense.--The Attorney General shall provide, in 
accordance with this section, information related to a covered offense 
against a minor committed by a family member of the minor only if such 
information is provided by a State on that State's Internet site.

SEC. 203. RELEASE OF HIGH-RISK INMATES.

    (a) In General.--From amounts made available to carry out this 
section, the Attorney General may make grants to participating States 
for activities specified in subsections (b) and (c).
    (b) Civil Commitment Proceedings.--
            (1) In general.--Any participating State that provides for 
        a civil commitment proceeding, or any equivalent proceeding, 
        shall issue timely notice to a State official responsible for 
        considering whether to pursue such proceedings upon the 
        impending release of any person incarcerated by the 
        participating State who--
                    (A) has been convicted of a sexually violent 
                offense; or
                    (B) has been deemed by the participating State to 
                be at high risk for recommitting any covered offense 
                against a minor.
            (2) Review.--Upon receiving notice under paragraph (1), the 
        State official shall consider whether or not to pursue a civil 
        commitment proceeding, or any equivalent proceeding required 
        under State law.
    (c) Monitoring of Released Persons.--Each participating State shall 
intensively monitor, for not less than 1 year, any person who--
            (1) has been deemed by the participating State to be at 
        high risk for recommitting any covered offense against a minor;
            (2) has been unconditionally released from incarceration by 
        the participating State; and
            (3) has not been civilly committed pursuant to a civil 
        commitment proceeding, or any equivalent proceeding under State 
        law.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated for each fiscal year such sums as may be necessary to 
carry out this section.

  TITLE III--JETSETA GAGE PREVENTION AND DETERRENCE OF CRIMES AGAINST 
                          CHILDREN ACT OF 2006

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Jetseta Gage Prevention and 
Deterrence of Crimes Against Children Act of 2006''.

SEC. 302. ASSURED PUNISHMENT FOR VIOLENT CRIMES AGAINST CHILDREN.

    Section 3559(d) of title 18, United States Code, is amended to read 
as follows:
    ``(d) Mandatory Minimum Terms of Imprisonment for Violent Crimes 
Against Children.--A person who is convicted of a Federal crime of 
violence against the person of an individual who has not attained the 
age of 12 years and has the intent to commit a serious sex crime as 
defined in section 2241 of title 18 shall, unless a greater mandatory 
minimum sentence of imprisonment is otherwise provided by law and 
regardless of any maximum term of imprisonment otherwise provided for 
the offense--
            ``(1) if the crime of violence results in the death of a 
        person who has not attained the age of 12 years, be imprisoned 
        for not less than 30 years to life;
            ``(2) if the crime of violence is a kidnapping or maiming 
        (or an attempt or conspiracy to commit kidnapping or maiming) 
        or results in serious bodily injury (as defined in section 
        1365), be imprisoned for not less than 20 years to life; and
            ``(3) if a dangerous weapon was used during and in relation 
        to the crime of violence, be imprisoned for not less than 10 
        years to life.''.

SEC. 303. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST CHILDREN.

    (a) Sexual Abuse.--
            (1) Aggravated sexual abuse of children.--Section 2241(c) 
        of title 18, United States Code, is amended by--
                    (A) designating the second sentence as paragraph 
                (4); and
                    (B) striking the first sentence and inserting the 
                following:
    ``(1) Whoever crosses a State line with intent to engage in a 
sexual act with a person who has not attained the age of 12 years, or 
in the special maritime and territorial jurisdiction of the United 
States or in a Federal prison, knowingly engages in a sexual act with 
another person who has not attained the age of 12 years, or attempts to 
do so, shall be fined under this title and imprisoned for not less than 
10 years to life, or both.
    ``(2) Whoever crosses a State line with intent to engage in a 
sexual act under the circumstances described in subsections (a) or (b) 
with a person who has not attained the age of 12 years, or in the 
special maritime and territorial jurisdiction of the United States or 
in a Federal prison, knowingly engages in a sexual act under the 
circumstances described in subsections (a) or (b) with another person 
who has not attained the age of 12 years, or attempts to do so, shall 
be fined under this title and imprisoned not less than 30 years to 
life, or both.
    ``(3) Whoever crosses a State line with intent to engage in a 
sexual act under the circumstances described in subsections (a) or (b) 
with a person who has not attained the age of 12 years, or in the 
special maritime and territorial jurisdiction of the United States or 
in a Federal prison, knowingly engages in a sexual act under the 
circumstances described in subsections (a) or (b) with another person 
who has attained the age of 12 but has not attained the age of 16 years 
(and is at least 4 years younger than the person so engaging), or 
attempts to do so, shall be fined under this title, imprisoned for any 
term of years or life, or both.''.
            (2) Sexual abuse of children resulting in death.--Section 
        2245 of title 18, United States Code, is amended--
                    (A) by striking ``A person'' and inserting ``(a) In 
                General.--A person''; and
                    (B) by adding at the end the following:
    ``(b) Offenses Involving Young Children.--A person who, in the 
course of an offense under this chapter, engages in conduct that 
includes a sex act with a person who has not attained the age of 12 
years and that results in the death of that person, shall be punished 
by death or imprisoned for not less than 30 years to life.''.
    (b) Sexual Exploitation and Other Abuse of Children.--
            (1) Sexual exploitation of children.--Section 2251(e) of 
        title 18, United States Code, is amended by striking ``any term 
        of years or for life'' and inserting ``not less than 30 years 
        to life.''
            (2) Using misleading domain names to direct children to 
        harmful material on the internet.--Section 2252B(b) of title 
        18, United States Code, is amended by striking ``or imprisoned 
        not more than 4 years'' and inserting ``or imprisoned not more 
        than 10 years.''.

             TITLE IV--JESSICA LUNSFORD AND SARAH LUNDE ACT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Jessica Lunsford and Sarah Lunde 
Act''.

SEC. 402. PILOT PROGRAM FOR MONITORING SEXUAL OFFENDERS.

    (a) Definition.--In this section, the term ``sexual offender'' 
means an offender 18 years of age or older who commits a sexual offense 
against a minor.
    (b) Sexual Predator Monitoring Program.--
            (1) Grants authorized.--
                    (A) In general.--The Attorney General is authorized 
                to award grants (referred to as ``Jessica Lunsford and 
                Sarah Lunde Grants'') to State and local governments to 
                assist such States and local governments in--
                            (i) carrying out programs to outfit sexual 
                        offenders with electronic monitoring units; and
                            (ii) the employment of law enforcement 
                        officials necessary to carry out such programs.
                    (B) Duration.--The Attorney General shall award 
                grants under this section for a period not to exceed 3 
                years.
            (2) Application.--
                    (A) In general.--Each State or local government 
                desiring a grant under this section shall submit an 
                application to the Attorney General at such time, in 
                such manner, and accompanied by such information as the 
                Attorney General may reasonably require.
                    (B) Contents.--Each application submitted pursuant 
                to subparagraph (A) shall--
                            (i) describe the activities for which 
                        assistance under this section is sought; and
                            (ii) provide such additional assurances as 
                        the Attorney General determines to be essential 
                        to ensure compliance with the requirements of 
                        this section.
    (c) 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.
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $10,000,000 for each of the fiscal years 2006 through 2008 to 
        carry out this section.
            (2) Report.--Not later than April 1, 2008, the Attorney 
        General shall report to Congress--
                    (A) assessing the effectiveness and value of this 
                section;
                    (B) comparing the cost effectiveness of the 
                electronic monitoring to reduce sex offenses compared 
                to other alternatives; and
                    (C) making recommendations for continuing funding 
                and the appropriate levels for such funding.

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. ACCESS TO INTERSTATE IDENTIFICATION INDEX.

    (a) In General.--Notwithstanding any other provision of law, the 
Attorney General shall ensure access to the Interstate Identification 
Index (established under the National Crime Prevention and Privacy 
Compact (42 U.S.C. 14616)) 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.
    (c) 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 action sounding in tort for damages 
        related to its access to the Interstate Identification Index.
            (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 of a substantial risk of 
        causing injury without legal justification, or for a purpose 
        unrelated to its performance of activities or responsibilities 
        under Federal law.
            (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. 502. LIMITATION ON LIABILITY FOR NCMEC.

    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:
    ``(g) Limitation on Liability.--
            ``(1) In general.--Except as provided in subparagraphs (2) 
        and (3), the National Center for Missing and Exploited 
        Children, including any of its directors, officers, employees, 
        or agents, shall not be liable in any civil or criminal action 
        for the performance of its CyberTipline responsibilities and 
        functions as defined by section 227 of the Victims of Child 
        Abuse Act of 1990 (42 U.S.C. 13032) and section 404 of the 
        Missing Children's Assistance Act (42 U.S.C. 5773), or for its 
        efforts to identify child victims.
            ``(2) Exception for intentional, reckless, or other 
        misconduct.--The limitation on liability under subparagraph (1) 
        shall not apply in any action in which a plaintiff or 
        prosecutor proves that the National Center for Missing and 
        Exploited Children or its officers, employees, or agents 
        described in subparagraph (1), 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 section 227 of the Victims of Child Abuse Act of 1990 (42 
        U.S.C. 13032) and section 404 of the Missing Children's 
        Assistance Act (42 U.S.C. 5773), or for its efforts to identify 
        child victims.
            ``(3) Exception for ordinary business activities.--The 
        limitation on liability under paragraph (1) shall not apply to 
        any alleged 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. 503. MISSING CHILD REPORTING REQUIREMENTS.

    (a) In General.--Section 3702 of the Crime Control Act of 1990 (42 
U.S.C. 5780) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) ensure that no law enforcement agency within the 
        State establishes or maintains any policy that requires the 
        removal of a missing person entry from its State law 
        enforcement system or the National Crime Information Center 
        computer database based solely on the age of the person;''; and
            (3) in paragraph (3), as redesignated, by striking 
        ``immediately'' and inserting ``within 2 hours of receipt''.
    (b) Definitions.--Section 403(1) of the Comprehensive Crime Control 
Act of 1984 (42 U.S.C. 5772) is amended by striking ``if'' through 
subparagraph (B) and inserting a semicolon.

SEC. 504. 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 prerelease 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 1 sex offender management program 
        under paragraph (1)(A), and at least 1 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. 505. AUTHORIZATION FOR AMERICAN PROSECUTORS RESEARCH INSTITUTE.

    In addition to any other amounts authorized by law, there are 
authorized to be appropriated for grants to the American Prosecutors 
Research Institute under section 214A of the Victims of Child Abuse Act 
of 1990 (42 U.S.C. 13003) $7,500,000 for each of fiscal years 2006 
through 2010.

SEC. 506. 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:

              ``PART II--SEX OFFENDER APPREHENSION GRANTS

``SEC. 2992. 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 tribes, 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. 507. ACCESS TO FEDERAL CRIME INFORMATION DATABASES BY EDUCATIONAL 
              AGENCIES FOR CERTAIN PURPOSES.

    (a) In General.--The Attorney General shall, upon request of the 
chief executive of a State, conduct fingerprint-based checks of the 
national crime information databases (as defined in section 
534(e)(3)(A) of title 28, United States Code), pursuant to a request 
submitted by a local educational agency or a State educational agency 
in that State, on individuals under consideration for employment by the 
agency in a position in which the individual would work with or around 
children. Where possible, the check shall include a fingerprint-based 
check of State criminal history databases. The Attorney General and the 
States may charge any applicable fees for these checks.
    (b) Protection of Information.--An individual having information 
derived as a result of a check under subsection (a) may release that 
information only to an appropriate officer of a local educational 
agency or State educational agency, or to another person authorized by 
law to receive that information.
    (c) Criminal Penalties.--An individual who knowingly exceeds the 
authority of subsection (a), or knowingly releases information in 
violation of subsection (b), shall be imprisoned not more than 10 years 
or fined under title 18, United States Code, or both.
    (d) Definition.--In this section, the terms ``local educational 
agency'' and ``State educational agency'' have the meanings given to 
those terms in section 9101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801).

SEC. 508. GRANTS TO COMBAT SEXUAL ABUSE OF CHILDREN.

    (a) In General.--The Bureau of Justice Assistance is authorized to 
make grants under this section to--
            (1) each law enforcement agency that serves a jurisdiction 
        with 50,000 or more residents; and
            (2) 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. 509. SEVERABILITY.

    If any provisions of this Act, any amendment made by this Act, or 
the application of such provisions or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of the 
provisions of this Act, the amendments made by this Act, and the 
application of such provisions or amendments to any person or 
circumstance shall not be affected.

SEC. 510. FAILURE TO PROVIDE INFORMATION A DEPORTABLE OFFENSE.

    Section 237(a)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)(2)(A)) is amended--
            (1) by redesignating clause (v) as clause (vi); and
            (2) by inserting after clause (iv) the following new 
        clause:
                            ``(v) Failure to provide registration 
                        information as a sex offender.--Any alien who 
                        is convicted under subsection (d) of section 
                        103 of the Sex Offender Registration and 
                        Notification Act of a violation of subsection 
                        (a) or (b) of such section is deportable.''.

SEC. 511. REPEAL.

    Sections 170101 and 170102 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071, 14072) are repealed.

SEC. 512. CONFORMING AMENDMENTS TO TITLE 18, UNITED STATES CODE.

    Title 18 of the United States Code is amended--
            (1) in sections 3563(a)(8) and 3583(d) by striking ``and 
        that the person register in any State where the person resides, 
        is employed, carries on a vocation, or is a student (as such 
        terms are defined under section 170101(a)(3) of the Violent 
        Crime Control and Law Enforcement Act of 1994)'' and inserting 
        ``and that the person comply with the Sex Offender Registration 
        and Notification Act'';
            (2) in section 4042(c)(3) by striking ``shall be subject'' 
        and all that follows through ``1994)'' and inserting ``must 
        comply with the Sex Offender Registration and Notification 
        Act''; and
            (3) in section 4209(a) by striking ``register in any 
        State'' and all that follows through ``1994)'' and inserting 
        ``comply with the Sex Offender Registration and Notification 
        Act.''.

       TITLE VI--COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES

SEC. 601. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES.

    (a) Definition.--In this section, the term ``sexual offender'' 
means an offender 18 years of age or older who commits a sexual offense 
against a minor.
    (b) In General.--The National Institute of Justice shall conduct a 
comprehensive study to examine the control, prosecution, treatment, and 
monitoring of sex offenders, with a particular focus on--
            (1) the effectiveness of State, tribal, and local responses 
        to the requirements of this Act, including the effectiveness of 
        particular jurisdictions as compared to others;
            (2) compliance by sex offenders with the registration 
        requirements of this Act;
            (3) how this Act has affected the number of reported sex 
        crimes against children;
            (4) how this Act has affected the number of prosecutions 
        and convictions of sex crimes against children;
            (5) the utility of the National Sex Offender Public 
        Registry to the public;
            (6) the costs to States, tribes, and local entities of 
        compliance with this Act and the relative costs and benefits of 
        approaches undertaken by different jurisdictions;
            (7) the effectiveness of treatment programs in reducing 
        recidivism among sex offenders;
            (8) the potential benefits to Federal, State, and local law 
        enforcement agencies of access to taxpayer information 
        pertaining to sexual offenders and the privacy implications to 
        those individuals and others; and
            (9) the potential benefits to Federal, State, and local law 
        enforcement agencies of access to Social Security information 
        pertaining to sexual offenders and the privacy implications to 
        those individuals and others.
    (c) Recommendations.--The study described in subsection (b) shall 
include recommendations for reducing the number of sex crimes against 
children and increasing the rates of compliance with registration 
requirements.
    (d) Reports.--
            (1) In general.--Not later than 5 years after the date of 
        enactment of this Act, the National Institute of Justice shall 
        report the results of the study conducted under subsection (b) 
        together with findings to Congress, through the Internet to the 
        public, to each of the 50 governors, to the Mayor of the 
        District of Columbia, to territory heads, and to the top 
        official of the various Indian Tribes.
            (2) Interim reports.--The National Institute of Justice 
        shall submit yearly interim reports.
    (e) Appropriations.--There are authorized to be appropriated 
$3,000,000 to carry out this section.

            Passed the Senate May 4, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                                S. 1886

_______________________________________________________________________

                                 AN ACT

To improve the national program to register and monitor individuals who 
            commit crimes against children or sex offenses.