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







109th CONGRESS
  1st Session
                                S. 1086

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2005

   Mr. Hatch introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
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 Act''; or
            (2) the ``Sex Offender Registration and Notification Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Jacob Wetterling, Megan Nicole Kanka, & Pam Lychner Sex 
                            Offender Registration and Notification 
                            Program.
Sec. 102. Definitions.
Sec. 103. Duty of covered individuals to provide information.
Sec. 104. Duty of covered individuals on parole or supervised release 
                            to comply with device requirements.
Sec. 105. Duties of Attorney General and State or tribal actors.
Sec. 106. State and tribal sex offender registries.
Sec. 107. National Sex Offender Registry.
Sec. 108. Development and availability of registry management software.
Sec. 109. DNA database for covered individuals.
Sec. 110. Duty of courts to determine whether an individual is a 
                            sexually violent predator.
Sec. 111. Duty of Attorney General to determine whether State or tribal 
                            actors are qualified.
Sec. 112. Use of other Federal information to track sex offenders.
Sec. 113. Implementation by State and tribal actors and assistance 
                            grants to those actors.
Sec. 114. Immunity for good faith conduct.
Sec. 115. Regulations.
Sec. 116. Authorization of appropriations.
 TITLE II--AMENDATORY PROVISIONS, TRANSITION PROVISIONS, AND EFFECTIVE 
                                  DATE

Sec. 201. Failure to provide information a deportable offense.
Sec. 202. Repeal.
Sec. 203. Conforming amendments to title 18, United States Code.
Sec. 204. Effective date.

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

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

    (a) In General.--The Attorney General shall carry out this title 
through a program to be known as the Jacob Wetterling, Megan Nicole 
Kanka, & Pam Lychner Sex Offender Registration and Notification 
Program.
    (b) References to Former Program or Former Law.--Any reference 
(other than a reference in this Act) in a law, regulation, document, 
paper, or other record of the United States to the program carried out 
under subtitle A of title XVII of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071 et seq.), or to any provision 
of that subtitle, shall be deemed to be a reference to the program 
referred to in subsection (a), or to the appropriate provision of this 
title, as the case may be.

SEC. 102. DEFINITIONS.

    In this Act:
            (1) Covered individual.--The term ``covered individual'' 
        means any of the following:
                    (A) An individual who has been convicted of a 
                covered offense against a minor.
                    (B) An individual who has been convicted of a 
                sexually violent offense.
                    (C) An individual described in section 4042(c)(4) 
                of title 18, United States Code.
                    (D) An individual 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).
                    (E) An individual who is a sexually violent 
                predator.
            (2) Covered offense against a minor.--
                    (A) In general.--Except as provided in 
                subparagraphs (B) and (C), the term ``covered offense 
                against a minor'' means an offense (whether under the 
                law of a State actor or tribal actor, Federal law, 
                military law, or the law of a foreign country) that is 
                comparable to or more severe than any of the following 
                offenses:
                            (i) Kidnapping of a minor, except by a 
                        parent of the minor.
                            (ii) False imprisonment of a minor, except 
                        by a parent of the minor.
                            (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) Any conduct that by its nature is a 
                        sexual offense against a minor.
                            (viii) Possession, production, or 
                        distribution of child pornography, as described 
                        in section 2251, 2252, or 2252A of title 18, 
                        United States Code.
                            (ix) Use of the Internet to facilitate or 
                        commit a covered offense against a minor.
                            (x) An attempt to commit a covered offense 
                        against a minor.
                    (B) Exception.--The term 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 the 
                individual who committed the offense had not attained 
                the age of 18 years when the offense was committed.
                    (C) Inclusion.--The term includes a violation of 
                section 103 of this Act.
            (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 actor or tribal actor 
        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) Jurisdiction.--The term ``jurisdiction'', with respect 
        to a tribal actor, means the Indian country (as defined in 
        section 1151 of title 18, United States Code) of that tribal 
        actor.
            (8) School state.--The term ``school State'' means, with 
        respect to an individual, the State actor or tribal actor 
        within the jurisdiction of which the educational institution at 
        which the individual is a student is located.
            (9) Sexually violent offense.--The term ``sexually violent 
        offense'' means an offense (whether under the law of a State 
        actor or tribal actor, 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 offense an element of which is engaging in 
                physical contact with another person with intent to 
                commit aggravated sexual abuse or sexual abuse.
            (10) Sexually violent predator.--The term ``sexually 
        violent predator'' means an individual who--
                    (A) has a conviction for a sexually violent 
                offense; or
                    (B) suffers from a mental abnormality (as defined 
                in section 110 of this Act) or personality disorder 
                that makes the person likely to engage in a predatory 
                (as defined in section 110 of this Act) sexually 
                violent offense.
            (11) State actor.--The term ``State actor'' 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 any other territory or possession of 
                the United States.
            (12) Student.--The term ``student'' means an individual 
        who, whether on a full-time or part-time basis, enrolls in or 
        attends an educational institution.
            (13) Tribal actor.--The term ``tribal actor'' means a 
        federally recognized Indian tribe.
            (14) Work state.--The term ``work State'' means, with 
        respect to an individual, the State actor or tribal actor 
        within the jurisdiction of which the individual's place of 
        employment is located.

SEC. 103. 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.--Immediately after being 
        sentenced for an offense that qualifies the individual as a 
        covered individual (or, if the individual is imprisoned for 
        that offense, immediately before completing the term of 
        imprisonment), and thereafter at least once every 6 months (or, 
        in the case of a sexually violent predator, at least once every 
        3 months), the individual shall appear before a person 
        designated by the individual's domicile State and provide--
                    (A) the individual's name;
                    (B) the individual's Social Security number;
                    (C) the address of the individual's domicile;
                    (D) the license plate number of, and other 
                identifying information with respect to, each vehicle 
                owned or operated by the individual;
                    (E) any address at which the individual expects to 
                have a domicile in the future;
                    (F) the name and address of any person who employs 
                the individual and the address at which the individual 
                is so employed; and
                    (G) the name and address of any educational 
                institution at which the individual is employed or is a 
                student.
            (2) Photograph.--Immediately after being sentenced for an 
        offense that qualifies the individual as a covered individual 
        (or, if the individual is imprisoned for that offense, 
        immediately before completing the term of imprisonment), and 
        thereafter at least once every 12 months, the individual shall 
        appear before a person designated by the individual's domicile 
        State and submit to the taking of a photograph.
            (3) Fingerprints.--Immediately after being sentenced for an 
        offense that qualifies the individual as a covered individual 
        (or, if the individual is imprisoned for that offense, 
        immediately before completing the term of imprisonment), and 
        thereafter at least once every 12 months, the individual shall 
        appear before a person designated by the individual's domicile 
        State and submit to the taking of fingerprints.
            (4) Other regulatory requirements.--The Attorney General 
        may, by regulation, require the individual to provide any 
        information that the Attorney General considers appropriate on 
        any basis, and at any time and in any manner, that the Attorney 
        General considers appropriate.
            (5) Individual in custody in state other than domicile 
        state.--Whenever an individual is required by any paragraph of 
        this subsection to provide information immediately after being 
        sentenced (or immediately before completing a term of 
        imprisonment) and the State actor or tribal actor that has 
        sentenced (or imprisoned) the individual is not the 
        individual's domicile State--
                    (A) the individual shall provide that information 
                (in the same time, place, and manner as prescribed by 
                that paragraph) to an appropriate official of the State 
                actor or tribal actor that has sentenced (or 
                imprisoned) the individual; and
                    (B) the State actor or tribal actor that has 
                sentenced (or imprisoned) the individual shall promptly 
                make available that information to the individual's 
                domicile State.
    (b) Information Required Upon Change of Registry Information.--A 
covered individual shall, for the life of that individual (except as 
provided in this section), provide information as follows:
            (1) Change of address.--Not more than 3 days after 
        establishing a new domicile, the individual shall--
                    (A) appear before a person designated by the 
                individual's domicile State and provide the address of 
                the new domicile, and the address of the previous 
                domicile; and
                    (B) if the new domicile and the previous domicile 
                are not both within the jurisdiction of a single State 
                actor or tribal actor qualified under this Act, appear 
                before a person designated by the individual's new 
                domicile State and--
                            (i) provide the address of the new domicile 
                        and the address of the previous domicile; and
                            (ii) submit to the taking of a photograph 
                        and the taking of fingerprints.
            (2) Change of employment.--Not more than 3 days after 
        beginning, or ceasing, to be employed 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--
                    (A) a person designated by the individual's 
                domicile State; and
                    (B) if the individual's work State is different 
                from the domicile State, a person designated by the 
                individual's work State.
            (3) Change of student status.--Not more than 3 days 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--
                    (A) a person designated by the individual's 
                domicile State; and
                    (B) if the individual's school State is different 
                from the domicile State, a person designated by the 
                individual's school State.
    (c) Duty to Provide Information to Attorney General.--
            (1) If state actor or tribal actor not qualified.--Whenever 
        an individual is required by subsection (a) or (b) to provide 
        information to a State actor or tribal actor, and the actor is 
        not qualified for purposes of this Act, the individual shall 
        also provide that information (in the same time, place, and 
        manner as prescribed in subsection (a) or (b), as the case may 
        be) to the Attorney General, and a failure to do so shall be 
        treated for purposes of this Act as a violation of subsection 
        (a) or (b), as the case may be.
            (2) If providing information to more than one state.--
        Whenever an individual is required by subsection (a) or (b) to 
        provide information to more than one State actor or tribal 
        actor, the individual shall also provide that information (in 
        the same time, place, and manner as prescribed in subsection 
        (a) or (b), as the case may be) to the Attorney General, and a 
        failure to do so shall be treated for purposes of this Act as a 
        violation of subsection (a) or (b), as the case may be.
    (d) Punishment.--
            (1) In general.--A covered individual who violates 
        subsection (a) or (b) shall--
                    (A) on the first conviction, be fined under title 
                18, United States Code, and imprisoned not more than 5 
                years (or, in the case of a sexually violent predator, 
                not more than 10 years), and shall thereafter be 
                subject to supervised release for not less than 36 
                months; and
                    (B) on any conviction after the first, be fined 
                under title 18, United States Code, and imprisoned not 
                more than 20 years (or, in the case of a sexually 
                violent predator, for life), and shall thereafter be 
                subject to supervised release for life.
            (2) Strict culpability.--In a prosecution for a violation 
        of subsection (a) or (b), the state of mind of the individual 
        committing the violation is not an element of the offense and 
        it need not be proven that the individual had any particular 
        state of mind with respect to any element of the offense.
            (3) Affirmative defense.--In a prosecution for a violation 
        of subsection (a) or (b), it is an affirmative defense that 
        uncontrollable circumstances prevented the individual from 
        complying, and that the individual did not contribute to the 
        creation of such circumstances in reckless disregard of the 
        requirement to comply, and that the individual complied as soon 
        as such circumstances ceased to exist.
            (4) Violations are continuing.--A violation of subsection 
        (a) or (b) is a continuing violation for purposes of the 
        statute of limitations.
    (e) Exception for Certain Individuals.--Subsections (a) and (b) 
apply to any covered individual, unless each of the following is true 
with respect to the covered individual:
            (1) The individual is not a sexually violent predator.
            (2) The individual has only one conviction for an offense 
        that qualifies the individual as a covered individual.
            (3) A period of at least 20 years, excluding ensuing 
        periods of imprisonment, has expired since the date on which 
        the individual was sentenced for, or completed the term of 
        imprisonment for, the conviction described in paragraph (2).
            (4) the conviction referred to in paragraph (2) was not for 
        aggravated sexual abuse (as defined in section 2241 of title 
        18, United States Code) or a comparable, or more severe, 
        offense.

SEC. 104. DUTY OF COVERED INDIVIDUALS ON PAROLE OR SUPERVISED RELEASE 
              TO COMPLY WITH DEVICE REQUIREMENTS.

    (a) In General.--A covered individual shall comply with any 
requirements that the Attorney General prescribes under subsection 
(b)--
            (1) for the period of supervised release or parole, if the 
        individual has only one conviction for an offense that 
        qualifies the individual as a covered individual; and
            (2) for the life of the individual, in all other cases.
    (b) Regulations Required.--
            (1) In general.--The Attorney General, in consultation with 
        State actors and tribal actors, shall prescribe regulations to 
        ensure that every covered individual referred to in subsection 
        (a) wears and maintains a device that transmits information 
        about the individual's whereabouts to the domicile State.
            (2) Penalties for failure to comply.--The regulations shall 
        include penalties for the failure of the covered individual to 
        wear or maintain the device.
            (3) Devices and procedures.--The regulations shall describe 
        the devices to be used and, for each such device, the 
        procedures to be followed by the individual and the domicile 
        State. The type of device to be used may vary from domicile 
        State to domicile State, from offense to offense, or both.

SEC. 105. DUTIES OF ATTORNEY GENERAL AND STATE OR TRIBAL ACTORS.

    (a) When an Individual Provides Information.--Whenever an 
individual is required by this Act to provide information (including 
information such as photographs and fingerprints) to the Attorney 
General, to a State actor or tribal actor, or to both, the Attorney 
General (or the actor, or both, as the case may be) shall--
            (1) ensure that the individual complies with the 
        requirement;
            (2) ensure that the information provided is accurate and 
        complete;
            (3) ensure that the information provided is included in the 
        National Sex Offender Registry; and
            (4) ensure that the information is promptly--
                    (A) made available to any law enforcement agency 
                responsible for the area in which the individual's 
                domicile is located and to the State law enforcement 
                agency of the domicile State;
                    (B) entered into the appropriate records or data 
                system of the actor; and
                    (C) made available by the actor, together with 
                information relating to criminal history, to the 
                Attorney General.
    (b) When a Covered Individual Is Missing.--
            (1) State or tribal actor.--Whenever information is made 
        known to a State actor or tribal actor that an individual has 
        violated section 103(a)(1) or section 103(b), the actor shall 
        promptly notify the Attorney General of that information.
            (2) Attorney general.--Whenever information is made known 
        to the Attorney General that an individual has violated section 
        103(a)(1) or section 103(b), or is notified of information 
        under paragraph (1), 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: Provided, That an 
                arrest warrant which meets the requirements for entry 
                into the file is issued in connection with the 
                violation.
    (c) When a Covered Individual Changes Address.--
            (1) In general.--The Attorney General and each State actor 
        or tribal actor shall ensure that, whenever information is made 
        known to the Attorney General or to that actor (as the case may 
        be) that a covered individual has established a new domicile, 
        and the individual's new domicile State and previous domicile 
        State are not the same, the information about the new domicile 
        and all other information collected under this Act about the 
        individual is promptly made available to--
                    (A) the local law enforcement agencies responsible 
                for the area in which the previous domicile is located, 
                and to those responsible for the area in which the new 
                domicile is located;
                    (B) the previous domicile State; and
                    (C) the new domicile State.
            (2) Electronic forwarding.--In addition to the requirements 
        of paragraph (1), the Attorney General shall ensure (through 
        the National Sex Offender Registry or otherwise) that, whenever 
        information is made known to the Attorney General that a 
        covered individual has established a new domicile, and the 
        individual's new domicile State and previous domicile State are 
        not the same, the information about the new domicile and all 
        other information collected under this Act about the individual 
        is automatically and immediately, by means of electronic 
        forwarding, transmitted to the new domicile State, if the new 
        domicile State is qualified for purposes of this Act.
    (d) When a Covered Individual Is Sentenced or Completes a Term of 
Imprisonment.--The Attorney General and each State actor or tribal 
actor shall ensure that, immediately after a covered individual is 
sentenced for an offense that qualifies the individual as a covered 
individual (or, if the individual is imprisoned for that offense, 
immediately before completing the term of imprisonment), a responsible 
official--
            (1) notifies the Attorney General that the individual has 
        completed the term of imprisonment; and
            (2) notifies the individual of the individual's duties 
        under this Act.

SEC. 106. STATE AND TRIBAL SEX OFFENDER REGISTRIES.

    (a) Statewide Registry Required.--Each State actor or tribal actor 
shall maintain, throughout its jurisdiction, a single comprehensive 
registry of information collected under this Act.
    (b) Release of Information in Registry.--Each State actor or tribal 
actor shall have in effect, throughout its jurisdiction, a single 
public information program that includes the following elements:
            (1) Internet site.--
                    (A) In general.--The actor shall release to the 
                public, through an Internet site maintained by the 
                actor, all information, except for Social Security 
                numbers and information relating to a covered 
                individual for an offense committed when the covered 
                individual had not attained the age of 18 years, 
                collected under this Act. The site shall have multiple 
                field search capability and shall include, for each 
                covered individual, the name, aliases, home address, 
                work address, photograph, conviction for which 
                registration is required, and risk level. The site 
                shall include, as much as practicable, links to sex 
                offender safety and education resources.
                    (B) Integration of state sites.--The actor shall 
                consult with other State actors and tribal actors to 
                ensure, as much as practicable, that the site 
                integrates with and shares information with the sites 
                maintained by those other actors.
                    (C) Correction of errors.--The site shall contain 
                instructions on the process for correcting information 
                that a person alleges to be erroneous.
                    (D) Risk level.--For purposes of this paragraph, 
                the risk level for an individual shall be determined 
                under procedures established by the actor, under which 
                the individual is provided notice and an opportunity to 
                present evidence, including witnesses, to the trier of 
                fact, and upon proof of indigent status is provided 
                counsel at the expense of the actor. The actor shall 
                establish not fewer than two risk levels.
            (2) Community notification.--Appropriate law enforcement 
        agencies shall release information collected under this Act 
        relating to a covered individual to--
                    (A) public and private schools, child care 
                providers, and businesses that provide services or 
                products to children, located within a radius, 
                prescribed by the Attorney General, of the home or work 
                address of the individual; and
                    (B) residents who reside within a radius, 
                prescribed by the Attorney General, of the home or work 
                address of the individual.
    (c) Publication of Number of Offenders Registered.--Every three 
months, the Attorney General shall collect from each State actor and 
tribal actor information on the total number of covered individuals 
included in the registry maintained by that State actor or tribal 
actor. The Attorney General shall release that information to the 
public in a manner consistent with this Act.
    (d) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Attorney General shall submit to Congress a report on 
the feasibility of requiring State actors and tribal actors to actively 
notify individuals within a community should a covered individual move 
into that community.

SEC. 107. NATIONAL SEX OFFENDER REGISTRY.

    (a) In General.--The Attorney General shall maintain a database to 
track the whereabouts and movements of covered individuals. The 
database shall be known as the National Sex Offender Registry.
    (b) Discretionary Release of Information.--
            (1) In general.--Subject to paragraph (2), the Attorney 
        General may release information in the National Sex Offender 
        Registry concerning a covered individual if the Attorney 
        General determines that the information released is relevant 
        and necessary to protect the public.
            (2) Identity of victim.--The Attorney General shall not, 
        under paragraph (1), release the identity of the victim of an 
        offense by reason of which an individual is a covered 
        individual.
    (c) Required Disclosures to Criminal Justice Agencies.--The 
Attorney General shall disclose information in the National Sex 
Offender Registry--
            (1) to Federal, State, and local criminal justice 
        agencies--
                    (A) for law enforcement purposes; and
                    (B) for releases of information under subsection 
                (b); and
            (2) to Federal, State, and local governmental agencies 
        responsible for conducting employment-related background checks 
        under section 3 of the National Child Protection Act of 1993 
        (42 U.S.C. 5119a).

SEC. 108. DEVELOPMENT AND AVAILABILITY OF REGISTRY MANAGEMENT SOFTWARE.

    (a) Development of Software Required.--The Attorney General, in 
consultation with State actors and tribal actors, shall develop a 
software application that can be used by State actors and tribal actors 
for purposes of this Act. The software shall operate in such a manner 
that a State actor or tribal actor can, by using the software, fully 
comply with all the requirements under this Act for collecting, 
managing, and exchanging information (including exchanging information 
with other State actors and tribal actors).
    (b) Availability to State and Tribal Actors.--
            (1) In general.--The Attorney General shall make the 
        software developed under this section available to State actors 
        and tribal actors. The first complete edition of the software 
        shall be made available within 2 years after the date of the 
        enactment of this Act.
            (2) Fee.--The Attorney General shall make the software 
        available under paragraph (1) for a fee not more than one 
        percent of the Attorney General's cost to develop, implement, 
        and support the software.
    (c) Support.--The Attorney General shall ensure that a State actor 
or tribal actor purchasing the software is provided technical support 
for the installation of the software and for maintaining the software.

SEC. 109. DNA DATABASE FOR COVERED INDIVIDUALS.

    (a) Database Required.--The Attorney General shall establish and 
maintain a database for the purposes of--
            (1) managing DNA information with respect to covered 
        individuals; and
            (2) making that information available to Federal, State, 
        and local law enforcement agencies for use by those agencies in 
        a manner consistent with this Act.
    (b) Regulations.--Under regulations issued by the Attorney 
General--
            (1) Federal, State, and local agencies and other entities 
        may submit DNA information to the Attorney General for 
        inclusion in the database;
            (2) Federal, State, and local law enforcement agencies may 
        compare DNA information against other DNA information in the 
        database; and
            (3) Federal, State, and local prosecutors may use DNA 
        information in prosecutions.

SEC. 110. DUTY OF COURTS TO DETERMINE WHETHER AN INDIVIDUAL IS A 
              SEXUALLY VIOLENT PREDATOR.

    (a) In General.--A determination of whether an individual is a 
sexually violent predator for purposes of this Act shall be made by a 
court after considering the recommendation of a board composed of 
experts in the behavior and treatment of sex offenders, victims' rights 
advocates, and representatives of law enforcement agencies.
    (b) Waiver.--The Attorney General may waive the requirements of 
subsection (a) with respect to a State actor or tribal actor if the 
Attorney General determines that the State actor or tribal actor has 
established alternative procedures or legal standards for designating a 
person as a sexually violent predator.
    (c) Definitions.--In this section:
            (1) Mental abnormality.--The term ``mental abnormality'' 
        means a congenital or acquired condition of an individual that 
        affects the emotional or volitional capacity of the individual 
        in a manner that predisposes that individual to the commission 
        of criminal sexual acts to a degree that makes the person a 
        menace to the health and safety of other persons.
            (2) Predatory.--The term ``predatory'' means an act 
        directed at an individual (whether or not a relationship with 
        that individual has been established or promoted) for the 
        primary purpose of victimization.

SEC. 111. DUTY OF ATTORNEY GENERAL TO DETERMINE WHETHER STATE OR TRIBAL 
              ACTORS ARE QUALIFIED.

    (a) In General.--A determination of whether a State actor or tribal 
actor is qualified for purposes of this Act shall be made by the 
Attorney General in accordance with this section.
    (b) Requirements.--The Attorney General may determine that a State 
actor or tribal actor is qualified if, as determined by the Attorney 
General, each of the following apply:
            (1) The actor has in effect, throughout its jurisdiction, 
        laws that implement the requirements of section 103, or 
        substantially similar requirements, with respect to each 
        covered individual whose domicile is within that jurisdiction.
            (2) The actor participates in the National Sex Offender 
        Registry in the manner that the Attorney General considers 
        appropriate.
            (3) The actor ensures that an audit of the activities 
        carried out under this Act is carried out at least once each 
        year and that the findings of each audit are promptly reported 
        to the Attorney General.
    (c) Reports to Congress.--Each year, the Attorney General shall 
submit to Congress a report identifying the extent to which each State 
actor or tribal actor is qualified for purposes of this Act.

SEC. 112. USE OF OTHER FEDERAL INFORMATION TO TRACK SEX OFFENDERS.

    (a) Taxpayer Information.--The Secretary of the Treasury, in 
coordination with the Attorney General, shall develop and maintain a 
system under which taxpayer information that pertains to a covered 
individual and is useful in locating the individual, or in verifying 
information with respect to the individual, is made available to 
Federal, State, and local law enforcement agencies for use by those 
agencies in a manner consistent with this Act.
    (b) Social Security Information.--The Secretary of Health and Human 
Services, in coordination with the Attorney General, shall develop and 
maintain a system under which Social Security information that pertains 
to a covered individual and is useful in locating the individual, or in 
verifying information with respect to the individual, is made available 
to Federal, State, and local law enforcement agencies for use by those 
agencies in a manner consistent with this Act.

SEC. 113. IMPLEMENTATION BY STATE AND TRIBAL ACTORS AND ASSISTANCE 
              GRANTS TO THOSE ACTORS.

    (a) Implementation by State and Tribal Actors.--
            (1) In general.--Each State actor or tribal actor shall 
        have not more than 3 years from the date of the enactment of 
        this Act in which to fully implement this Act.
            (2) Implementation by tribes and in indian country.--The 
        Attorney General shall coordinate with the Secretary of the 
        Interior to assist tribal actors in fully implementing this Act 
        throughout the jurisdiction of each tribal actor.
    (b) Ineligibility for Funds.--
            (1) In general.--For any fiscal year after the expiration 
        of the period specified in subsection (a)(1), a State actor or 
        tribal actor that fails to fully implement this Act shall not 
        receive 10 percent of the funds that would otherwise be 
        allocated for that fiscal year to the actor under any of the 
        following programs:
                    (A) Byrne.--Subpart 1 of Part E of title I of the 
                Omnibus Crime Control and Safe Streets Act of 1968 (42 
                U.S.C. 3750 et seq.), whether characterized as the 
                Edward Byrne Memorial State and Local Law Enforcement 
                Assistance Programs, the Edward Byrne Memorial Justice 
                Assistance Grant Program, or otherwise.
                    (B) LLEBG.--The Local Government Law Enforcement 
                Block Grants program.
                    (C) Other law enforcement grants.--Any other 
                program under which the Attorney General provides 
                grants or other financial assistance, except for the 
                SOMA program under this section.
            (2) Reallocation.--Amounts not allocated under a program 
        referred to in paragraph (1) to an actor for failure to fully 
        implement this Act shall be reallocated under that program to 
        State actors and tribal actors that have not failed to fully 
        implement this Act.
    (c) 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 awards a grant to each State 
        actor or tribal actor to offset costs directly associated with 
        implementing this Act.
            (2) Distribution of funds.--Each grant awarded under the 
        SOMA program shall be distributed directly to the State actor 
        or tribal actor for distribution by that actor to public 
        entities within that actor.
            (3) Uses.--
                    (A) In general.--Subject to subparagraph (B), each 
                grant awarded under the SOMA program shall be used for 
                training, salaries, equipment, materials, and other 
                costs directly associated with implementing this Act, 
                including the costs of acquiring and using devices in 
                carrying out section 104.
                    (B) Databases of individuals in custody.--Up to 10 
                percent of a grant awarded under the SOMA program may 
                be used to participate in one or more databases that 
                identify individuals in custody, such as the 
                JusticeXchange database.
            (4) Eligibility.--
                    (A) Application.--To be eligible to receive a grant 
                under the SOMA program, the chief executive of a State 
                actor or tribal actor shall, on an annual basis, submit 
                to the Attorney General an application (in such form 
                and containing such information as the Attorney General 
                may reasonably require) assuring that--
                            (i) the actor has fully implemented (or is 
                        making a good faith effort to fully implement) 
                        this Act; and
                            (ii) where applicable, the actor has 
                        penalties comparable to or greater than Federal 
                        penalties for crimes listed in this Act, except 
                        that the Attorney General may waive the 
                        requirement of this clause if an actor 
                        demonstrates an overriding need for assistance 
                        under the SOMA program.
                    (B) Regulations.--Not later than 90 days after the 
                date of the enactment of this Act, the Attorney General 
                shall promulgate regulations to implement the 
                procedures used (including the information that must be 
                included and the requirements that the State actors or 
                tribal actors must meet) in submitting an application 
                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 actor's registry.
            (6) Incorporation of certain training programs.--Before 
        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). 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.
    (d) Incentives.--
            (1) Bonus payments for early compliance.--A State actor or 
        tribal actor that has fully implemented this Act 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 actor has achieved full 
        implementation. The amount of the bonus payment shall be equal 
        to 5 percent of the funds that the actor received under the 
        SOMA program for the preceding fiscal year. However, if the 
        actor has fully implemented this Act within 1 year after such 
        date of enactment, the amount of the bonus payment shall 
        instead be equal to 10 percent of the funds that the actor 
        received under the SOMA program for the preceding fiscal year. 
        An actor may receive a bonus payment under this paragraph only 
        once during the course of the SOMA program.
            (2) Reduced payments for late compliance.--A State actor or 
        tribal actor that has failed to fully implement this Act within 
        3 years after the date of the enactment of this Act is subject 
        to a payment reduction under the SOMA program for the following 
        fiscal year. The amount of the payment reduction shall be equal 
        to 5 percent of the funds that would otherwise be allocated to 
        the actor under the SOMA program for that fiscal year. In 
        addition, if the actor has failed to fully implement this Act 
        within 4 years after such date of enactment, the amount of the 
        payment reduction shall be equal to 10 percent of the funds 
        that would otherwise be allocated to the actor under the SOMA 
        program for that fiscal year. An actor may be subject to a 
        payment reduction under this paragraph only twice during the 
        course of the SOMA program.
    (e) Reports to Congress.--Each year, the Attorney General shall 
submit to Congress a report identifying the extent to which each State 
actor or tribal actor has fully implemented this Act.

SEC. 114. IMMUNITY FOR GOOD FAITH CONDUCT.

    A law enforcement agency, an employee of a law enforcement agency, 
a contractor acting at the direction of a law enforcement agency, and 
an officer of a State actor or tribal actor are immune from liability 
for good faith efforts to carry out this Act.

SEC. 115. REGULATIONS.

    The Attorney General shall issue regulations to carry out this Act.

SEC. 116. 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 Act.

 TITLE II--AMENDATORY PROVISIONS, TRANSITION PROVISIONS, AND EFFECTIVE 
                                  DATE

SEC. 201. 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. 202. REPEAL.

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

SEC. 203. CONFORMING AMENDMENTS TO TITLE 18, UNITED STATES CODE.

    The following provisions of title 18, United States Code, are each 
amended 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'':
            (1) Probation.--Section 3563(a)(8).
            (2) Supervised release.--Section 3583(d).

SEC. 204. 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.
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