II 111th CONGRESS 2d Session S. 4029 IN THE SENATE OF THE UNITED STATES December 15, 2010 Mr. Schumer (for himself, Mr. Brown of Massachusetts, and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect children from registered sex offenders, and for other purposes.

1.

Short title

This Act may be cited as the Preventing Sex Offenders Access to Children in Our Communities Act of 2010.

2.

Employment restrictions for registered sex offenders

(a)

In general

Subtitle A of the Sex Offender Notification and Registration Act (42 U.S.C. 16911 et seq.) is amended by adding at the end the following:

132.

Employment restrictions for registered sex offenders

(a)

In general

Each jurisdiction shall prohibit any sex offender registered with the jurisdiction under section 113 from— (1)accepting a position of employment, including a volunteer position, which by the inherent nature of the position places the sex offender in direct and substantial contact with minors; and (2)obtaining a permit or permission to carry out an activity or performance that would present direct and substantial contact with minors. (b)

Definition

In this section, the term direct and substantial contact with minors means— (1)working with minors; (2)having the opportunity to be alone with minors; (3)spending time specifically with minors; or (4)any other activity that is targeted to involve minors.

. (b)

Rulemaking required

Not later than 180 days after the date of enactment of this Act, the Attorney General, in consultation with the appropriate agencies of the Federal Government and State and local governments, shall promulgate rules to implement the amendment made by subsection (a).

3.

Grants for implementation of a community accessible sex offender registration tips and support program

(a)

Definitions

In this section— (1)the term direct and substantial contact with minors means— (A)working with minors; (B)having the opportunity to be alone with minors; (C)spending time specifically with minors; or (D)any other activity that is targeted to involve minors; (2)the term minor has the meaning given the term in section 111 of the Sex Offender Notification and Registration Act (42 U.S.C. 16911); (3)the term national crime information databases has the meaning given the term in section 534 of title 28, United States Code; and (4)the term sex offender has the meaning given the term in section 111 of the Sex Offender Notification and Registration Act (42 U.S.C. 16911). (b)

In general

The Attorney General may award grants to and enter into contracts with public agencies or nonprofit private organizations, or combinations thereof, to establish the program described in subsection (c). (c)

Community accessible sex offender tips and support program described

The community accessible sex offender registration tips and support program established under subsection (b) shall— (1)provide a forum for an individual to submit an anonymous or confidential tip regarding any sex offender required to be registered under the Sex Offender Notification and Registration Act (42 U.S.C. 16911 et seq.) who— (A)is not complying with the requirements of such Act; (B)is in a position which places the sex offender in direct and substantial contact with minors; or (C)is engaged in— (i)activities in violation of the conditions of the probation or parole of the sex offender; or (ii)any other criminal activity; (2)enable the analysis and coordination of tips provided under paragraph (1); (3)use existing Internet sex offender registries, public information, and the national crime information databases to compare and contrast information and identify— (A)sex offenders required to be registered under the Sex Offender Notification and Registration Act (42 U.S.C. 16911 et seq.) who— (i)are not complying with the requirements of such Act; (ii)are in a position which place the sex offender in direct and substantial contact with minors; or (iii)are engaged in high-risk or criminal activities in violation of the conditions of supervision of the sex offender; and (B)the location of any sex offenders identified under subparagraph (A) in order to aid the taking of appropriate action by law enforcement; and (4)provide a victim of sexual assault, violent crime, and other nonviolent crime who provide information under paragraph (1) with an infrastructure of direct advocacy, therapeutic support, concrete services, and enforcement linkages by certified rape crisis counselors. (d)

Access to the national crime information databases

Notwithstanding any other provision of law, the Attorney General shall ensure that an agency or organization that is awarded a grant or contract under this section has access to the national crime information databases to the extent that the access is for purposes within the scope of the duties and responsibilities of the agency or organization to assist or support law enforcement agencies in the administration of criminal justice functions relating to sex offenders. (e)

Priority

In making grants or contracts under this section, the Attorney General shall give priority to applications submitted by public agencies or nonprofit private organizations that demonstrate— (1)success in educating the public regarding Federal, State, and local sex offender registration and notification requirements and restrictions; (2)a responsible use of information collected through an established interactive telephone helpline or Internet Web site; (3)success in collaborating and assisting the public and community organizations in accessing— (A)sex offender registration and notification information; and (B)minor and adult sexual abuse prevention resources; (4)success in processing tips from the public regarding sex offenders, including the monitoring and management of sex offenders through an established sex offender registration and notification telephone helpline or Internet Web site; (5)experience in providing direct advocacy, therapeutic support, and concrete services to victims of sexual abuse and other violent and nonviolent crimes by certified rape crisis counselors; and (6)success in collaborating with law enforcement agencies— (A)in the provision of information received from the public regarding sex offenders who are not acting in compliance with the requirements of the Sex Offender Notification and Registration Act (42 U.S.C. 16911 et seq.); and (B)in mitigating the potential threat to public safety of sex offenders who— (i)are engaged in high-risk or criminal activities; or (ii)are in positions which place the sex offenders in direct and substantial contact with minors. (f)

Authorization of appropriations

There are authorized to be appropriated $3,000,000 to carry out the grants authorized under subsection (b) for each of fiscal years 2011 through 2015, and such sums as are necessary thereafter.

4.

Reducing unnecessary printing and publishing costs of Government documents

(a)

In general

Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall coordinate with the head of each Executive agency, as defined in section 105 of title 5, United States Code, to— (1)determine which Government publications could be made available on Government Web sites and no longer printed; and (2)devise a strategy to reduce overall Government printing costs by not less than a total of $15,000,000 over the 5-year period beginning with fiscal year 2011. (b)

Requirement

In carrying subsection (a), the Director of the Office of Management and Budget shall ensure that essential printed documents that are prepared for individuals who receive benefits under the Social Security program, Medicare beneficiaries, and individuals living in areas with limited Internet access or use continue to remain available in print.

5.

Severability

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