[Congressional Record Volume 142, Number 111 (Thursday, July 25, 1996)]
[Senate]
[Pages S8777-S8781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PAM LYCHNER SEXUAL OFFENDER TRACKING AND IDENTIFICATION ACT OF 1996
Mr. GRAMM. Mr. President, I ask unanimous consent that the Judiciary
Committee be discharged from further consideration of S. 1675, and that
the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill.
The assistant legislative clerk read as follows:
A bill (S. 1675) to provide for the nationwide tracking of
convicted sexual predators, and for other purposes.
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the bill.
Amendment No. 5038
(Purpose: To protect the public safety by establishing a nationwide
system to track convicted sexual predators)
Mr. GRAMM. Mr. President, I send an amendment to the desk and ask for
its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Texas [Mr. Gramm], for himself, Mr. Biden,
Mr. Hatch, and Mrs. Hutchison, proposes an amendment numbered
5038.
Mr. GRAMM. Mr. President, I ask unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Strike all after the enacting clause, and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pam Lychner Sexual Offender
Tracking and Identification Act of 1996''.
SEC. 2. OFFENDER REGISTRATION.
(a) Establishment of FBI Database.--Subtitle A of Title
XVII of the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14071) is amended by adding at the end the
following new section:
``SEC. 170102. FBI DATABASE.
``(a) Definitions.--For purposes of this section--
``(1) the term `FBI' means the Federal Bureau of
Investigation;
``(2) the terms `criminal offense against a victim who is a
minor', `sexually violent offense', `sexually violent
predator', `mental abnormality', and `predatory' have the
same meanings as in section 170101(a)(3); and
``(3) the term `minimally sufficient sexual offender
registration program' means any State sexual offender
registration program that--
``(A) requires the registration of each offender who is
convicted of an offense described in subparagraph (A) or (B)
or section 170101(a)(1);
``(B) requires that all information gathered under such
program be transmitted to the FBI in accordance with
subsection (g) of this section;
``(C) meets the requirements for verification under section
170101(b)(3); and
``(D) requires that each person who is required to register
under subparagraph (A) shall do so for a period of not less
than 10 years beginning on the date that such person was
released from prison or placed on parole, supervised release,
or probation.
``(b) Establishment.--The Attorney General shall establish
a national database at the Federal Bureau of Investigation to
track the whereabouts and movement of--
``(1) each person who has been convicted of a criminal
offense against a victim who is a minor;
``(2) each person who has been convicted of a sexually
violent offense; and
``(3) each person who is a sexually violent predator.
``(c) Registration Requirement.--Each person described in
subsection (b) who resides in a State that has not
established a minimally sufficient sexual offender
registration program shall register a current address,
fingerprints of that person, and a current photograph of that
person with the FBI for inclusion in the database established
under subsection (b) for the time period specified under
subsection (d).
``(d) Length of Registration.--A person described in
subsection (b) who is required to register under subsection
(c) shall, except during ensuing periods of incarceration,
continue to comply with this section--
``(1) until 10 years after the date on which the person was
released from prison or placed on parole, supervised release,
or probation; or
``(2) for the life of the person, if that person--
``(A) has 2 or more convictions for an offense described in
subsection (b);
``(B) has been convicted of aggravated sexual abuse, as
defined in section 2241 of title 18, United States Code, or
in a comparable provision of State law; or
``(C) has been determined to be a sexually violent
predator.
``(e) Verification.--
``(1) Persons convicted of an offense against a minor or a
sexually violent offense.--In the case of a person required
to register under subsection (c), the FBI shall, during the
period in which the person is required to register under
subsection (d), verify the person's address in accordance
with guidelines that shall be promulgated by the Attorney
General. Such guidelines shall ensure that address
verification is accomplished with respect to these
individuals and shall require the submission of fingerprints
and photographs of the individual.
``(2) Sexually violent predators.--Paragraph (1) shall
apply to a person described in subsection (b)(3), except that
such person must verify the registration once every 90 days
after the date of the initial release or commencement of
parole of that person.
``(f) Community Notification.--
``(1) In general.--Subject to paragraph (2), the FBI may
release relevant information concerning a person required to
register under subsection (c) that is necessary to protect
the public.
``(2) Identity of victim.--In no case shall the FBI release
the identity of any victim of an offense that requires
registration by the offender with the FBI.
``(g) Notification of FBI of Changes in Residence.--
``(1) Establishment of new residence.--For purposes of this
section, a person shall be deemed to have established a new
residence during any period in which that person resides for
not less than 10 days.
``(2) Persons required to register with the fbi.--Each
establishment of a new residence, including the initial
establishment of a residence immediately following release
from prison, or placement on parole, supervised release, or
probation, by a person required to register under subsection
(c) shall be reported to the FBI not later than 10 days after
that person establishes a new residence.
``(3) Individual registration requirement.--A person
required to register under subsection (c) or under a
minimally sufficient offender registration program, including
a program established under section 170101, who changes
address to a State other than the State in which the person
resided at the time of the immediately preceding registration
shall, not later than 10 days after that person establishes a
new residence, register a current address, fingerprints, and
a photograph of that person, for inclusion in the appropriate
database, with--
``(A) the FBI; and
``(B) the State in which the new residence is established.
``(4) State registration requirement.--Any time any State
agency in a State with a minimally sufficient sexual offender
registration program, including a program established under
section 170101, is notified of a change of address by a
person required to register under such program within or
outside of such State, the State shall notify--
``(A) the law enforcement officials of the jurisdiction to
which, and the jurisdiction from which, the person has
relocated; and
``(B) the FBI.
``(5) Verification.--
``(A) Notification of local law enforcement officials.--The
FBI shall ensure that State and local law enforcement
officials of the jurisdiction to which, and the State and
local law enforcement officials of the jurisdiction to which,
a person required to register under subsection (c) relocates
are notified of the new residence of such person.
``(B) Notification of fbi.--A State agency receiving
notification under this subsection shall notify the FBI of
the new residence of the offender.
``(C) Verification.--
``(I) State agencies.--If a State agency cannot verify the
address of or locate a person required to register with a
minimally sufficient sexual offender registration program,
including a program established under section 170101, the
State shall immediately notify the FBI.
``(ii) FBI.--If the FBI cannot verify the address of or
locate a person required to register under subsection (c) or
if the FBI receives notification from a State under clause
(I), the FBI shall ensure that, either the State or the FBI
shall--
``(I) classify the person as being in violation of the
registration requirements of the national database; and
``(II) add the name of the person to the National Crime
Information Center Wanted Person File 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.
``(h) Fingerprints.--
``(1) In general.--
``(A) FBI registration.--For each person required to
register under subsection (c), fingerprints shall be obtained
and verified by the FBI or a local law enforcement official
pursuant to regulations issued by the Attorney General.
[[Page S8778]]
``(B) State registration systems.--In a State that has a
minimally sufficient sexual offender registration program,
including a program established under section 170101,
fingerprints required to be registered with the FBI under
this section shall be obtained and verified in accordance
with State requirements. The State agency responsible for
registration shall ensure that the fingerprints and all other
information required to be registered is registered with the
FBI.
``(I) Penalty.--A person required to register under
paragraph (1), (2), or (3) of subsection (g) who knowingly
fails to comply with this section shall--
``(1) in the case of a first offense--
``(A) if the person has been convicted of 1 offense
described in subsection (b), be fined not more than $100,000;
or
``(B) if the person has been convicted of more than 1
offense described in subsection (b), be imprisoned for up to
1 year and fined not more than $100,000; or
``(2) in the case of a second or subsequent offense, be
imprisoned for up to 10 years and fined not more than
$100,000.
``(j) Release of Information.--The information collected by
the FBI under this section shall be disclosed by the FBI--
``(1) to Federal, State, and local criminal justice
agencies for--
``(A) law enforcement purposes; and
``(B) community notification in accordance with section
170101(d)(3); 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).''.
``(k) Notification Upon Release.--Any state not having
established a program described in 170102(a)(3) must--
``(1) Upon release from prison, or placement on parole,
supervised release, or probation, notify each offender who is
convicted of an offense described in subparagraph (A) or (B)
of section 170101(a)(1) of their duty to register with the
FBI; and
``(2) Notify the FBI of the release of each offender who is
convicted of an offense described in subparagraph (A) or (B)
of section 170101(a)(1).''.
SEC. 3. DURATION OF STATE REGISTRATION REQUIREMENT.
Section 170101(b)(6) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(6)) is amended to
read as follows:
``(6) Length of registration.--A person required to
register under subsection (a)(1) shall continue to comply
with this section, except during ensuing periods of
incarceration, until--
``(A) 10 years have elapsed since the person was released
from prison or placed on parole, supervised release, or
probation; or
``(B) for the life of that person if that person--
``(I) has 1 or more prior convictions for an offense
described in subsection (a)(1)(A); or
``(ii) has been convicted of an aggravated offense
described in subsection (a)(1)(A); or
``(iii) has been determined to be a sexually violent
predator pursuant to subsection (a)(2).''.
SEC. 4. STATE BOARDS.
Section 170101(a)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(a)(2)) is amended by
inserting before the period at the end the following: ``,
victim rights advocates, and representatives from law
enforcement agencies''.
SEC. 5. FINGERPRINTS.
Section 170101 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071) is amended by
adding at the end the following new subsection:
``(g) Fingerprints.--Each requirement to register under
this section shall be deemed to also require the submission
of fingerprints of the person required to register, obtained
in accordance with regulations prescribed by the Attorney
General under section 170102(h).''.
SEC. 6. VERIFICATION.
Section 170101(b)(3)(A)(iii) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C.
14071(b)(3)(A)(iii)) is amended by adding at the end the
following: ``The person shall include with the verification
form, fingerprints and a photograph of that person.''.
SEC. 7. REGISTRATION INFORMATION.
Section 170101(b)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(2)) is amended to
read as follows:
``(2) Transfer of information to state and the fbi.--The
officer, or in the case of a person placed on probation, the
court, shall, within 3 days after receipt of information
described in paragraph (1), forward it to a designated State
law enforcement agency. The State law enforcement agency
shall immediately enter the information into the appropriate
State Law enforcement record system and notify the
appropriate law enforcement agency having jurisdiction where
the person expects to reside. The State law enforcement
agency shall also immediately transmit all information
described in paragraph (1) to the Federal Bureau of
Investigation for inclusion in the FBI database described in
section 170102.
SEC. 8. IMMUNITY FOR GOOD FAITH CONDUCT.
State and federal law enforcement agencies, employees of
state and federal law enforcement agencies, and state and
federal officials shall be immune from liability for good
faith conduct under section 170102.
SEC. 9. REGULATIONS.
Not later than 1 year after the date of enactment of this
Act, the Attorney General shall issue regulations to carry
out this Act and the amendments made by this Act.
SEC. 10. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this
Act shall become effective 1 year after the date of enactment
of this Act.
(b) Compliance by States.--Each State shall implement the
amendments made by sections 3, 4, 5, 6, and 7 of this Act not
later than 3 years after the date of enactment of this Act,
except that the Attorney General may grant an additional 2
years to a State that is making good faith efforts to
implement such amendments.
(c) Ineligibility for Funds.--
(1) a State that fails to implement the program as describe
din sections 3, 4, 5, 6, and 7 of this Act shall not receive
10 percent of the funds that would otherwise be allocated to
the State under section 506 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3765).
(2) any funds that are not allocated for failure to comply
with sections 3, 4, 5, 6, or 7 of this Act shall be
reallocated to States that comply with these sections.
SEC. 11. SEVERABILITY.
If any provision of this Act, an amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the
remainder of this Act, the amendments made by this Act, and
the application of the provisions of such to any person or
circumstance shall not be affected thereby.
Mr. GRAMM. Mr. President, we have before us a bill that relates to
tracking and identifying sex-offenders. Senator Biden, myself, and a
number of other Senators have worked very hard on this bill. Forty-nine
States in the Union have set up systems which track known sexual
predators because, of all the types of criminal activity, the
probability that someone who commits a sexual predatory act will commit
that type of crime again--especially against a child--is 10 times
higher than the probability that any other type of crime will be
repeated.
The problem with only having State laws is that people are moving
across State lines to try to avoid detection. What our bill does is it
sets up an FBI-based Federal tracking system which will track all
movements of sexual predators, whether they move across town or across
State lines. This system will give us an interactive database, and it
will greatly enhance the ability of our communities, our law
enforcement officials, and our families to protect our children against
sexual predators.
Mr. President, again, I have named this bill, in working with Senator
Biden, for Pam Lychner, one of the victims of the tragic TWA crash.
We have named this bill for her not because of how she tragically
died, but because of how she lived. Pam Lychner was one of our Nation's
greatest victim's rights advocates. She cared enough for that cause, in
the words of the old Hallmark Card commercial, ``to give her very
best.'' And in doing so, she reminded people all over my State and
people all over America that we are never going to be able to deal with
the violent crime problem in this country until those of us who are not
victims of crime are as outraged by these atrocities as are the victims
themselves.
I thank my colleagues for letting this bill pass the Senate. I think
it is vitally important that we identify and try to monitor sexual
predators and I think we owe it to our society and to law-abiding
citizens to do this.
I believe that this bill will provide society with a very strong tool
which will strengthen local law enforcement, give our families the
ability to protect our children, and which will establish a data base
that the Boy Scouts, the Girl Scouts, and other youth organizations can
use to check out those who want to be trusted with our children.
I think this bill will save lives and I think it will provide greater
comfort and greater security to our families. I am very proud of this
effort and I thank Senator Biden for his leadership on this issue.
I yield the remainder of my time.
Mr. BIDEN. Mr. President, Senator Gramm and I are now offering a
substitute amendment to S. 1675, a bill originally offered in April by
myself and Senator Gramm along with Senators Hutchison, Faircloth,
Dorgan, Kyl, Shelby, Campbell, McConnell, Stevens, McCain, and
Thurmond. This legislation strengthens and improves the Jacob
Wetterling Crimes Against Children and Sexually Violent Offender
Registration Act.
[[Page S8779]]
The Jacob Wetterling Act, enacted as part of the 1994 crime law,
requires States to enact laws to register and track the most violent,
the most horrible--and least likely to be rehabilitated--criminals our
Nation faces today. I refer to those criminals who attack our children
and criminals who are sexually violent predators.
These criminals must be tracked. And local law enforcement must know
when these criminals are in their communities. This was the reason I
worked to include this important measure in the 1994 crime law. And I
will also point out that almost all States have taken great strides to
build an effective tracking system.
Now we seek to build upon this progress to meet three specific goals.
First, we must have a nationwide system that will help State and
local law enforcement track these offenders as they move from State to
State and will help by providing a back-up system of tracking.
Second, while most States have established or are about to establish
these systems, if any States fail to act, we cannot allow there to be a
``black-hole'' where sexual predators can hide and are then lost to all
States. A nationwide system will track offenders if States do not
maintain registration systems.
Third, we must ensure that the most serious sexual predators are
required to remain registered with law enforcement officials for the
rest of their lives.
All of these key goals will be met by this legislation. In addition,
our amendment will offer some improvements which are made possible by
the nationwide system this amendment will provide. For example, our
bill will--
Require all offenders to verify their address on a regular basis by
returning verification cards with their fingerprints and recent
photograph.
Require that a nationwide warning is issued whenever an offender
fails to verify their address or when an offender cannot be located.
Institute tough penalties for offenders who willfully fail to meet
their obligations to register with the nationwide system in States
where there is no registration and in cases of offenders who move from
one State to another.
Notify law enforcement officials not only when an offender moves to
their area, but also when an offender moves out of their neighborhood.
To offer just one of the practical problems a national database will
help local law enforcement address--Delaware law enforcement, because
Delaware is so close to other States, will certainly need to know if a
sexual predator lives just over the line in Pennsylvania. And only a
national database can provide this information.
To offer a real life example of why a nationwide system is needed--in
Delaware, a sex offender was released last year. Fortunately,
Delaware's offender registration law requires this offender--Freddy
Marine--to be tracked by Delaware law enforcement. Since his release,
Marine has moved to another State. The nationwide system established by
this bill will help make sure that if Freddy Marine moves back to
Delaware--our State law enforcement will know, and knowledge is the key
to effective enforcement.
In summary, the sex offender tracking and identification bill is
possible because States such as Delaware and Texas have done the hard
work to build statewide registration systems. We now seek to build a
system where all movement of sexually violent and child offenders can
be tracked and we will go a long way toward the day when none of these
predators will fall between the cracks.
I am glad that we can now offer and pass with the unanimous consent
of the Senate this important legislation to protect our children from
sexual offenders. I hope that our colleagues in the House of
Representatives will take up and pass the companion bill to this
legislation and enact these vital protections for our children.
Mr. President, this is the next step in the approach to start action
which Senator Dorgan, I, Senator Gramm of Texas, and others were doing
with the crime bill. We decided that we were going to nationalize it--
it became known as Megan's Law, and it was also called the Jacob
Wetterling Act, again named after a victim in this case--to make sure
every State had the ability and the requirement, in order to get
Federal funds, that they had a State registry so that we know the
States and communities can know. It became known as Megan's Law because
of the celebrated tragic case in New Jersey. It was included in the
original crime bill.
What we did not do that Senator Dorgan and Senator Kerry--first
Senator Gramm came to me and asked me about participating in this, and
Senator Kerry of Massachusetts and others, because all of a sudden it
became pretty clear that there was a gaping hole. If, in fact, we have
registration, for example, in Delaware, and our State is registering
sex offenders so people know whether a pedophile has moved into the
neighborhood after having been released from the jail, that gives the
community some protection. But there was no vehicle or mechanism until
we passed the Gramm-Biden law.
We are going to rename the law. For the person in Delaware who is in
a position where a pedophile who lived in Chester County, PA--literally
4 miles or 5 miles from Wilmington, DE--moves across the line, there is
no vehicle. There is no mechanism for the Pennsylvania authorities to
notify the authorities in the State of Delaware.
The Senator from Massachusetts and I were talking about this. He
points out that in his State, he has the same circumstance, if, in
fact, you move from one State to another. As a matter of fact, his
State does not even have a registry yet, which is one of his concerns
he mentioned to me because it is sort of behind the rest of us. They
are not moving.
The bottom line of this is real simple. We want people to know. We
want a system to be available where it is a nationwide system that will
help State and local enforcement people track offenders as they move
from State to State, providing a backup system for tracking.
Second, while most States have established or are about to establish
these systems, if any State fails to act, we cannot allow there to be a
Pennsylvania black hole out there, a black hole that Massachusetts now,
for example, is part of, because if folks who are pedophiles in
Massachusetts are moving into Rhode Island, or any other place, or even
into Massachusetts, there is nobody who knows. So we need a nationwide
system.
Third, we have to assure that the most serious sexual predators are
required to remain registered with law enforcement officials for the
rest of their lives. This is not just being unnecessarily punitive. The
recidivism rates are high, and the notification saves lives.
We require all offenders to verify their address on a regular basis
by returning verification cards with their fingerprints and a recent
photograph. We require that a nationwide warning is issued whenever an
offender fails to verify their address or an offender cannot be
located. We institute tough penalties for offenders who willfully fail
to meet this requirement. We notify law enforcement officials not only
when an offender moves to an area, but when they move from an area.
Let me offer one practical example of the need for this nationwide
database. A sexual offender in Delaware named Freddie Marine is
notorious. While in Delaware, every community was notified. But he
moved out of Delaware. He may be over in Maryland or New Jersey. He is
as much of a threat to a child in New Jersey or Maryland as he was in
Delaware. But no one knows. There is no way they can know.
So this nationwide database will provide that. It has been a
pleasure. People kid--when they said, ``This is the Gramm-Biden
amendment, well, we will let this go through. It must be OK.'' But the
truth is the Senator from Texas and I work an awful lot on these
criminal justice issues, and we are more in agreement than not. I thank
him for, quite frankly, pointing out this black hole that I referred to
early on. It is a pleasure to work with him. And I thank my friend,
Senator Dorgan, for not only letting this go through but being on the
ground floor when we put the Jacob Wetterling legislation together; and
my friend from Massachusetts, who has been very, very concerned about
the failure of his State to move, as it should have, in making sure to
help fill this black hole. I thank him very much.
[[Page S8780]]
I yield the remainder of my time, which is a rarity for me to do on
the floor.
Mr. GRAMM. Mr. President, again, I ask unanimous consent that the
amendment be considered as read and agreed to, the bill be deemed to
have been read the third time, and passed, as amended, the motion to
reconsider be laid upon the table, and that any statements related to
the bill be placed at the appropriate place in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5038) was agreed to.
The bill (S. 1675), as amended, was deemed read the third time, and
passed, as follows:
S. 1675
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pam Lychner Sexual Offender
Tracking and Identification Act of 1996''.
SEC. 2. OFFENDER REGISTRATION.
(a) Establishment of FBI Database.--Subtitle A of title
XVII of the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14071) is amended by adding at the end the
following new section:
``SEC. 170102. FBI DATABASE.
``(a) Definitions.--For purposes of this section--
``(1) the term `FBI' means the Federal Bureau of
Investigation;
``(2) the terms `criminal offense against a victim who is a
minor', `sexually violent offense', `sexually violent
predator', `mental abnormality', and `predatory' have the
same meanings as in section 170101(a)(3); and
``(3) the term `minimally sufficient sexual offender
registration program' means any State sexual offender
registration program that--
``(A) requires the registration of each offender who is
convicted of an offense described in subparagraph (A) or (B)
of section 170101(a)(1);
``(B) requires that all information gathered under such
program be transmitted to the FBI in accordance with
subsection (g) of this section;
``(C) meets the requirements for verification under section
170101(b)(3); and
``(D) requires that each person who is required to register
under subparagraph (A) shall do so for a period of not less
than 10 years beginning on the date that such person was
released from prison or placed on parole, supervised release,
or probation.
``(b) Establishment.--The Attorney General shall establish
a national database at the Federal Bureau of Investigation to
track the whereabouts and movement of--
``(1) each person who has been convicted of a criminal
offense against a victim who is a minor;
``(2) each person who has been convicted of a sexually
violent offense; and
``(3) each person who is a sexually violent predator.
``(c) Registration Requirement.--Each person described in
subsection (b) who resides in a State that has not
established a minimally sufficient sexual offender
registration program shall register a current address,
fingerprints of that person, and a current photograph of that
person with the FBI for inclusion in the database established
under subsection (b) for the time period specified under
subsection (d).
``(d) Length of Registration.--A person described in
subsection (b) who is required to register under subsection
(c) shall, except during ensuing periods of incarceration,
continue to comply with this section--
``(1) until 10 years after the date on which the person was
released from prison or placed on parole, supervised release,
or probation; or
``(2) for the life of the person, if that person--
``(A) has 2 or more convictions for an offense described in
subsection (b);
``(B) has been convicted of aggravated sexual abuse, as
defined in section 2241 of title 18, United States Code, or
in a comparable provision of State law; or
``(C) has been determined to be a sexually violent
predator.
``(e) Verification.--
``(1) Persons convicted of an offense against a minor or a
sexually violent offense.--In the case of a person required
to register under subsection (c), the FBI shall, during the
period in which the person is required to register under
subsection (d), verify the person's address in accordance
with guidelines that shall be promulgated by the Attorney
General. Such guidelines shall ensure that address
verification is accomplished with respect to these
individuals and shall require the submission of fingerprints
and photographs of the individual.
``(2) Sexually violent predators.--Paragraph (1) shall
apply to a person described in subsection (b)(3), except that
such person must verify the registration once every 90 days
after the date of the initial release or commencement of
parole of that person.
``(f) Community Notification.--
``(1) In general.--Subject to paragraph (2), the FBI may
release relevant information concerning a person required to
register under subsection (c) that is necessary to protect
the public.
``(2) Identity of victim.--In no case shall the FBI release
the identity of any victim of an offense that requires
registration by the offender with the FBI.
``(g) Notification of FBI of Changes in Residence.--
``(1) Establishment of new residence.--For purposes of this
section, a person shall be deemed to have established a new
residence during any period in which that person resides for
not less than 10 days.
``(2) Persons required to register with the fbi.--Each
establishment of a new residence, including the initial
establishment of a residence immediately following release
from prison, or placement on parole, supervised release, or
probation, by a person required to register under subsection
(c) shall be reported to the FBI not later than 10 days after
that person establishes a new residence.
``(3) Individual registration requirement.--A person
required to register under subsection (c) or under a
minimally sufficient offender registration program, including
a program established under section 170101, who changes
address to a State other than the State in which the person
resided at the time of the immediately preceding registration
shall, not later than 10 days after that person establishes a
new residence, register a current address, fingerprints, and
photograph of that person, for inclusion in the appropriate
database, with--
``(A) the FBI; and
``(B) the State in which the new residence is established.
``(4) State registration requirement.--Any time any State
agency in a State with a minimally sufficient sexual offender
registration program, including a program established under
section 170101, is notified of a change of address by a
person required to register under such program within or
outside of such State, the State shall notify--
``(A) the law enforcement officials of the jurisdiction to
which, and the jurisdiction from which, the person has
relocated; and
``(B) the FBI.
``(5) Verification.--
``(A) Notification of local law enforcement officials.--The
FBI shall ensure that State and local law enforcement
officials of the jurisdiction from which, and the State and
local law enforcement officials of the jurisdiction to which,
a person required to register under subsection (c) relocates
are notified of the new residence of such person.
``(B) Notification of fbi.--A State agency receiving
notification under this subsection shall notify the FBI of
the new residence of the offender.
``(C) Verification.--
``(i) State agencies.--If a State agency cannot verify the
address of or locate a person required to register with a
minimally sufficient sexual offender registration program,
including a program established under section 170101, the
State shall immediately notify the FBI.
``(ii) FBI.--If the FBI cannot verify the address of or
locate a person required to register under subsection (c) or
if the FBI receives notification from a State under clause
(i), the FBI shall--
``(I) classify the person as being in violation of the
registration requirements of the national database; and
``(II) add the name of the person to the National Crime
Information Center Wanted person file 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.
``(h) Fingerprints.--
``(1) FBI registration.--For each person required to
register under subsection (c), fingerprints shall be obtained
and verified by the FBI or a local law enforcement official
pursuant to regulations issued by the Attorney General.
``(2) State registration systems.--In a State that has a
minimally sufficient sexual offender registration program,
including a program established under section 170101,
fingerprints required to be registered with the FBI under
this section shall be obtained and verified in accordance
with State requirements. The State agency responsible for
registration shall ensure that the fingerprints and all other
information required to be registered is registered with the
FBI.
``(i) Penalty.--A person required to register under
paragraph (1), (2), or (3) of subsection (g) who knowingly
fails to comply with this section shall--
``(1) in the case of a first offense--
``(A) if the person has been convicted of 1 offense
described in subsection (b), be fined not more than $100,000;
or
``(B) if the person has been convicted of more than 1
offense described in subsection (b), be imprisoned for up to
1 year and fined not more than $100,000; or
``(2) in the case of a second or subsequent offense, be
imprisoned for up to 10 years and fined not more than
$100,000.
``(j) Release of Information.--The information collected by
the FBI under this section shall be disclosed by the FBI--
``(1) to Federal, State, and local criminal justice
agencies for--
``(A) law enforcement purposes; and
``(B) community notification in accordance with section
170101(d)(3); 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).''.
[[Page S8781]]
``(k) Notification Upon Release.--Any State not having
established a program described in section 170102(a)(3)
must--
``(1) upon release from prison, or placement on parole,
supervised release, or probation, notify each offender who is
convicted of an offense described in subparagraph (A) or (B)
of section 170101(a)(1) of their duty to register with the
FBI; and
``(2) notify the FBI of the release of each offender who is
convicted of an offense described in subparagraph (A) or (B)
of section 170101(a)(1).''.
SEC. 3. DURATION OF STATE REGISTRATION REQUIREMENT.
Section 170101(b)(6) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(6)) is amended to
read as follows:
``(6) Length of registration.--A person required to
register under subsection (a)(1) shall continue to comply
with this section, except during ensuing periods of
incarceration, until--
``(A) 10 years have elapsed since the person was released
from prison or placed on parole, supervised release, or
probation; or
``(B) for the life of that person if that person--
``(i) has 1 or more prior convictions for an offense
described in subsection (a)(1)(A); or
``(ii) has been convicted of an aggravated offense
described in subsection (a)(1)(A); or
``(iii) has been determined to be a sexually violent
predator pursuant to subsection (a)(2).''.
SEC. 4. STATE BOARDS.
Section 170101(a)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(a)(2)) is amended by
inserting before the period at the end the following: ``,
victim rights advocates, and representatives from law
enforcement agencies''.
SEC. 5. FINGERPRINTS.
Section 170101 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071) is amended by
adding at the end the following new subsection:
``(g) Fingerprints.--Each requirement to register under
this section shall be deemed to also require the submission
of a set of fingerprints of the person required to register,
obtained in accordance with regulations prescribed by the
Attorney General under section 170102(h).''.
SEC. 6. VERIFICATION.
Section 170101(b)(3)(A)(iii) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C.
14071(b)(3)(A)(iii)) is amended by adding at the end the
following: ``The person shall include with the verification
form, fingerprints and a photograph of that person.''.
SEC. 7. REGISTRATION INFORMATION.
Section 170101(b)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(2)) is amended to
read as follows:
``(2) Transfer of information to state and the fbi.--The
officer, or in the case of a person placed on probation, the
court, shall, within 3 days after receipt of information
described in paragraph (1), forward it to a designated State
law enforcement agency. The State law enforcement agency
shall immediately enter the information into the appropriate
State Law enforcement record system and notify the
appropriate law enforcement agency having jurisdiction where
the person expects to reside. The State law enforcement
agency shall also immediately transmit all information
described in paragraph (1) to the Federal Bureau of
Investigation for inclusion in the FBI database described in
section 170102.''.
SEC. 8. IMMUNITY FOR GOOD FAITH CONDUCT.
State and Federal law enforcement agencies, employees of
State and Federal law enforcement agencies, and State and
Federal officials shall be immune from liability for good
faith conduct under section 170102.
SEC. 9. REGULATIONS.
Not later than 1 year after the date of enactment of this
Act, the Attorney General shall issue regulations to carry
out this Act and the amendments made by this Act.
SEC. 10. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this
Act shall become effective 1 year after the date of enactment
of this Act.
(b) Compliance by States.--Each State shall implement the
amendments made by sections 3, 4, 5, 6, and 7 of this Act not
later than 3 years after the date of enactment of this Act,
except that the Attorney General may grant an additional 2
years to a State that is making good faith efforts to
implement such amendments.
(c) Ineligibility for Funds.--
(1) A State that fails to implement the program as
described in section 3, 4, 5, 6, and 7 of this Act shall not
receive 10 percent of the funds that would otherwise be
allocated to the State under section 506 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3765).
(2) Any funds that are not allocated for failure to comply
with section 3, 4, 5, 6, or 7 of this Act shall be
reallocated to States that comply with these sections.
SEC. 11. SEVERABILITY.
If any provision of this Act, an amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the
remainder of this Act, the amendments made by this Act, and
the application of the provisions of such to any person or
circumstance shall not be affected thereby.
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