[Congressional Record Volume 142, Number 111 (Thursday, July 25, 1996)]
[Senate]
[Pages S8871-S8872]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      THE SEXUAL OFFENDER TRACKING AND IDENTIFICATION ACT OF 1996

                                 ______
                                 

                 GRAMM (AND OTHERS) AMENDMENT NO. 5038

  Mr. GRAMM (for himself, Mr. Biden, Mr. Hatch, and Mrs. Hutchison) 
proposed an amendment to the bill (S. 1675) to provide for the 
nationwide tracking of convicted sexual predators, and for other 
purposes; 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.

[[Page S8872]]

       ``(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.
       ``(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.

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