[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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