[Congressional Record Volume 152, Number 52 (Thursday, May 4, 2006)]
[Senate]
[Pages S4079-S4090]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SEX OFFENDER REGISTRATION AND NOTIFICATION ACT
Mr. FRIST. Mr. President, I ask unanimous consent the Senate proceed
to the immediate consideration of Calendar No. 251, S. 1086.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 1086) to improve the national program to
register and monitor individuals who commit crimes against
children or sex offenses.
The Senate proceeded to consider the bill, which had been reported
from the Committee on the Judiciary, with amendments.
[Strike the parts shown in black brackets and insert the parts shown
in italic.]
S. 1086
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
[(a) Short Title.--This Act may be cited as--
[(1) the ``Jacob Wetterling, Megan Nicole Kanka, and Pam
Lychner Sex Offender Registration and Notification Act''; or
[(2) the ``Sex Offender Registration and Notification
Act''.
[(b) Table of Contents.--The table of contents for this Act
is as follows:
[Sec. 1. Short title; table of contents.
[TITLE I--JACOB WETTERLING, MEGAN NICOLE KANKA, & PAM LYCHNER SEX
OFFENDER REGISTRATION AND NOTIFICATION PROGRAM
[Sec. 101. Jacob Wetterling, Megan Nicole Kanka, & Pam Lychner Sex
Offender Registration and Notification Program.
[Sec. 102. Definitions.
[Sec. 103. Duty of covered individuals to provide information.
[Sec. 104. Duty of covered individuals on parole or supervised release
to comply with device requirements.
[Sec. 105. Duties of Attorney General and State or tribal actors.
[Sec. 106. State and tribal sex offender registries.
[Sec. 107. National Sex Offender Registry.
[Sec. 108. Development and availability of registry management
software.
[Sec. 109. DNA database for covered individuals.
[Sec. 110. Duty of courts to determine whether an individual is a
sexually violent predator.
[Sec. 111. Duty of Attorney General to determine whether State or
tribal actors are qualified.
[Sec. 112. Use of other Federal information to track sex offenders.
[Sec. 113. Implementation by State and tribal actors and assistance
grants to those actors.
[Sec. 114. Immunity for good faith conduct.
[Sec. 115. Regulations.
[Sec. 116. Authorization of appropriations.
[TITLE II--AMENDATORY PROVISIONS, TRANSITION PROVISIONS, AND EFFECTIVE
DATE
[Sec. 201. Failure to provide information a deportable offense.
[Sec. 202. Repeal.
[Sec. 203. Conforming amendments to title 18, United States Code.
[Sec. 204. Effective date.
[TITLE I--JACOB WETTERLING, MEGAN NICOLE KANKA, & PAM LYCHNER SEX
OFFENDER REGISTRATION AND NOTIFICATION PROGRAM
[SEC. 101. JACOB WETTERLING, MEGAN NICOLE KANKA, & PAM
LYCHNER SEX OFFENDER REGISTRATION AND
NOTIFICATION PROGRAM.
[(a) In General.--The Attorney General shall carry out this
title through a program to be known as the Jacob Wetterling,
Megan Nicole Kanka, & Pam Lychner Sex Offender Registration
and Notification Program.
[(b) References to Former Program or Former Law.--Any
reference (other than a reference in this Act) in a law,
regulation, document, paper, or other record of the United
States to the program carried out under subtitle A of title
XVII of the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14071 et seq.), or to any provision of that
subtitle, shall be deemed to be a reference to the program
referred to in subsection (a), or to the appropriate
provision of this title, as the case may be.
[SEC. 102. DEFINITIONS.
[In this Act:
[(1) Covered individual.--The term ``covered individual''
means any of the following:
[(A) An individual who has been convicted of a covered
offense against a minor.
[(B) An individual who has been convicted of a sexually
violent offense.
[(C) An individual described in section 4042(c)(4) of title
18, United States Code.
[(D) An individual sentenced by a court martial for conduct
in a category specified by the Secretary of Defense under
section 115(a)(8)(C) of title I of Public Law 105-119 (10
U.S.C. 951 note).
[(E) An individual who is a sexually violent predator.
[(2) Covered offense against a minor.--
[(A) In general.--Except as provided in subparagraphs (B)
and (C), the term ``covered offense against a minor'' means
an offense (whether under the law of a State actor or tribal
actor, Federal law, military law, or the law of a foreign
country) that is comparable to or more severe than any of the
following offenses:
[(i) Kidnapping of a minor, except by a parent of the
minor.
[(ii) False imprisonment of a minor, except by a parent of
the minor.
[(iii) Criminal sexual conduct toward a minor.
[(iv) Solicitation of a minor to engage in sexual conduct.
[(v) Use of a minor in a sexual performance.
[(vi) Solicitation of a minor to practice prostitution.
[(vii) Any conduct that by its nature is a sexual offense
against a minor.
[(viii) Possession, production, or distribution of child
pornography, as described in section 2251, 2252, or 2252A of
title 18, United States Code.
[(ix) Use of the Internet to facilitate or commit a covered
offense against a minor.
[(x) An attempt to commit a covered offense against a
minor.
[(B) Exception.--The term does not include an offense if
the conduct on which the offense is based is criminal only
because of the age of the victim and the individual who
committed the offense had not attained the age of 18 years
when the offense was committed.
[(C) Inclusion.--The term includes a violation of section
103 of this Act.
[(3) Domicile.--The term ``domicile'' means, with respect
to an individual, any place that serves as the primary place
at which the individual lives.
[(4) Domicile state.--The term ``domicile State'' means,
with respect to an individual, the State actor or tribal
actor within the jurisdiction of which is the individual's
domicile.
[(5) Educational institution.--The term ``educational
institution'' includes (whether public or private) any
secondary school, trade or professional institution, and
institution of higher education.
[(6) Employment.--The term ``employment'' includes carrying
on a vocation and covers any labor or service rendered
(whether as a volunteer or for compensation or for government
or educational benefit) on a full-time or part-time basis.
[(7) Jurisdiction.--The term ``jurisdiction'', with respect
to a tribal actor, means the Indian country (as defined in
section 1151 of title 18, United States Code) of that tribal
actor.
[(8) School state.--The term ``school State'' means, with
respect to an individual, the State actor or tribal actor
within the jurisdiction of which the educational institution
at which the individual is a student is located.
[(9) Sexually violent offense.--The term ``sexually violent
offense'' means an offense (whether under the law of a State
actor or tribal actor, Federal law, military law, or the law
of a foreign country) that is comparable to or more severe
than any of the following offenses:
[(A) Aggravated sexual abuse or sexual abuse (as described
in sections 2241 and 2242 of title 18, United States Code).
[(B) An offense an element of which is engaging in physical
contact with another person with intent to commit aggravated
sexual abuse or sexual abuse.
[(10) Sexually violent predator.--The term ``sexually
violent predator'' means an individual who--
[(A) has a conviction for a sexually violent offense; or
[(B) suffers from a mental abnormality (as defined in
section 110 of this Act) or personality disorder that makes
the person likely to engage in a predatory (as defined in
section 110 of this Act) sexually violent offense.
[(11) State actor.--The term ``State actor'' means any of
the following:
[(A) A State.
[(B) The District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Islands,
or any other territory or possession of the United States.
[(12) Student.--The term ``student'' means an individual
who, whether on a full-time or part-time basis, enrolls in or
attends an educational institution.
[(13) Tribal actor.--The term ``tribal actor'' means a
federally recognized Indian tribe.
[(14) Work state.--The term ``work State'' means, with
respect to an individual, the State actor or tribal actor
within the jurisdiction of which the individual's place of
employment is located.
[SEC. 103. DUTY OF COVERED INDIVIDUALS TO PROVIDE
INFORMATION.
[(a) Information Required Periodically.--A covered
individual shall, for the life of that individual (except as
provided in this section), provide information as follows:
[(1) Registration information.--Immediately after being
sentenced for an offense
[[Page S4080]]
that qualifies the individual as a covered individual (or, if
the individual is imprisoned for that offense, immediately
before completing the term of imprisonment), and thereafter
at least once every 6 months (or, in the case of a sexually
violent predator, at least once every 3 months), the
individual shall appear before a person designated by the
individual's domicile State and provide--
[(A) the individual's name;
[(B) the individual's Social Security number;
[(C) the address of the individual's domicile;
[(D) the license plate number of, and other identifying
information with respect to, each vehicle owned or operated
by the individual;
[(E) any address at which the individual expects to have a
domicile in the future;
[(F) the name and address of any person who employs the
individual and the address at which the individual is so
employed; and
[(G) the name and address of any educational institution at
which the individual is employed or is a student.
[(2) Photograph.--Immediately after being sentenced for an
offense that qualifies the individual as a covered individual
(or, if the individual is imprisoned for that offense,
immediately before completing the term of imprisonment), and
thereafter at least once every 12 months, the individual
shall appear before a person designated by the individual's
domicile State and submit to the taking of a photograph.
[(3) Fingerprints.--Immediately after being sentenced for
an offense that qualifies the individual as a covered
individual (or, if the individual is imprisoned for that
offense, immediately before completing the term of
imprisonment), and thereafter at least once every 12 months,
the individual shall appear before a person designated by the
individual's domicile State and submit to the taking of
fingerprints.
[(4) Other regulatory requirements.--The Attorney General
may, by regulation, require the individual to provide any
information that the Attorney General considers appropriate
on any basis, and at any time and in any manner, that the
Attorney General considers appropriate.
[(5) Individual in custody in state other than domicile
state.--Whenever an individual is required by any paragraph
of this subsection to provide information immediately after
being sentenced (or immediately before completing a term of
imprisonment) and the State actor or tribal actor that has
sentenced (or imprisoned) the individual is not the
individual's domicile State--
[(A) the individual shall provide that information (in the
same time, place, and manner as prescribed by that paragraph)
to an appropriate official of the State actor or tribal actor
that has sentenced (or imprisoned) the individual; and
[(B) the State actor or tribal actor that has sentenced (or
imprisoned) the individual shall promptly make available that
information to the individual's domicile State.
[(b) Information Required Upon Change of Registry
Information.--A covered individual shall, for the life of
that individual (except as provided in this section), provide
information as follows:
[(1) Change of address.--Not more than 3 days after
establishing a new domicile, the individual shall--
[(A) appear before a person designated by the individual's
domicile State and provide the address of the new domicile,
and the address of the previous domicile; and
[(B) if the new domicile and the previous domicile are not
both within the jurisdiction of a single State actor or
tribal actor qualified under this Act, appear before a person
designated by the individual's new domicile State and--
[(i) provide the address of the new domicile and the
address of the previous domicile; and
[(ii) submit to the taking of a photograph and the taking
of fingerprints.
[(2) Change of employment.--Not more than 3 days after
beginning, or ceasing, to be employed by an employer, the
individual shall appear before, and provide notice of the
beginning or ceasing, and the name and address of the
employer, to--
[(A) a person designated by the individual's domicile
State; and
[(B) if the individual's work State is different from the
domicile State, a person designated by the individual's work
State.
[(3) Change of student status.--Not more than 3 days after
beginning, or ceasing, to be a student at an educational
institution, the individual shall appear before, and provide
notice of the beginning or ceasing, and the name and address
of the educational institution, to--
[(A) a person designated by the individual's domicile
State; and
[(B) if the individual's school State is different from the
domicile State, a person designated by the individual's
school State.
[(c) Duty to Provide Information to Attorney General.--
[(1) If state actor or tribal actor not qualified.--
Whenever an individual is required by subsection (a) or (b)
to provide information to a State actor or tribal actor, and
the actor is not qualified for purposes of this Act, the
individual shall also provide that information (in the same
time, place, and manner as prescribed in subsection (a) or
(b), as the case may be) to the Attorney General, and a
failure to do so shall be treated for purposes of this Act as
a violation of subsection (a) or (b), as the case may be.
[(2) If providing information to more than one state.--
Whenever an individual is required by subsection (a) or (b)
to provide information to more than one State actor or tribal
actor, the individual shall also provide that information (in
the same time, place, and manner as prescribed in subsection
(a) or (b), as the case may be) to the Attorney General, and
a failure to do so shall be treated for purposes of this Act
as a violation of subsection (a) or (b), as the case may be.
[(d) Punishment.--
[(1) In general.--A covered individual who violates
subsection (a) or (b) shall--
[(A) on the first conviction, be fined under title 18,
United States Code, and imprisoned not more than 5 years (or,
in the case of a sexually violent predator, not more than 10
years), and shall thereafter be subject to supervised release
for not less than 36 months; and
[(B) on any conviction after the first, be fined under
title 18, United States Code, and imprisoned not more than 20
years (or, in the case of a sexually violent predator, for
life), and shall thereafter be subject to supervised release
for life.
[(2) Strict culpability.--In a prosecution for a violation
of subsection (a) or (b), the state of mind of the individual
committing the violation is not an element of the offense and
it need not be proven that the individual had any particular
state of mind with respect to any element of the offense.
[(3) Affirmative defense.--In a prosecution for a violation
of subsection (a) or (b), it is an affirmative defense that
uncontrollable circumstances prevented the individual from
complying, and that the individual did not contribute to the
creation of such circumstances in reckless disregard of the
requirement to comply, and that the individual complied as
soon as such circumstances ceased to exist.
[(4) Violations are continuing.--A violation of subsection
(a) or (b) is a continuing violation for purposes of the
statute of limitations.
[(e) Exception for Certain Individuals.--Subsections (a)
and (b) apply to any covered individual, unless each of the
following is true with respect to the covered individual:
[(1) The individual is not a sexually violent predator.
[(2) The individual has only one conviction for an offense
that qualifies the individual as a covered individual.
[(3) A period of at least 20 years, excluding ensuing
periods of imprisonment, has expired since the date on which
the individual was sentenced for, or completed the term of
imprisonment for, the conviction described in paragraph (2).
[(4) the conviction referred to in paragraph (2) was not
for aggravated sexual abuse (as defined in section 2241 of
title 18, United States Code) or a comparable, or more
severe, offense.
[SEC. 104. DUTY OF COVERED INDIVIDUALS ON PAROLE OR
SUPERVISED RELEASE TO COMPLY WITH DEVICE
REQUIREMENTS.
[(a) In General.--A covered individual shall comply with
any requirements that the Attorney General prescribes under
subsection (b)--
[(1) for the period of supervised release or parole, if the
individual has only one conviction for an offense that
qualifies the individual as a covered individual; and
[(2) for the life of the individual, in all other cases.
[(b) Regulations Required.--
[(1) In general.--The Attorney General, in consultation
with State actors and tribal actors, shall prescribe
regulations to ensure that every covered individual referred
to in subsection (a) wears and maintains a device that
transmits information about the individual's whereabouts to
the domicile State.
[(2) Penalties for failure to comply.--The regulations
shall include penalties for the failure of the covered
individual to wear or maintain the device.
[(3) Devices and procedures.--The regulations shall
describe the devices to be used and, for each such device,
the procedures to be followed by the individual and the
domicile State. The type of device to be used may vary from
domicile State to domicile State, from offense to offense, or
both.
[SEC. 105. DUTIES OF ATTORNEY GENERAL AND STATE OR TRIBAL
ACTORS.
[(a) When an Individual Provides Information.--Whenever an
individual is required by this Act to provide information
(including information such as photographs and fingerprints)
to the Attorney General, to a State actor or tribal actor, or
to both, the Attorney General (or the actor, or both, as the
case may be) shall--
[(1) ensure that the individual complies with the
requirement;
[(2) ensure that the information provided is accurate and
complete;
[(3) ensure that the information provided is included in
the National Sex Offender Registry; and
[(4) ensure that the information is promptly--
[(A) made available to any law enforcement agency
responsible for the area in which the individual's domicile
is located and to the State law enforcement agency of the
domicile State;
[(B) entered into the appropriate records or data system of
the actor; and
[(C) made available by the actor, together with information
relating to criminal history, to the Attorney General.
[(b) When a Covered Individual Is Missing.--
[[Page S4081]]
[(1) State or tribal actor.--Whenever information is made
known to a State actor or tribal actor that an individual has
violated section 103(a)(1) or section 103(b), the actor shall
promptly notify the Attorney General of that information.
[(2) Attorney general.--Whenever information is made known
to the Attorney General that an individual has violated
section 103(a)(1) or section 103(b), or is notified of
information under paragraph (1), the Attorney General shall--
[(A) revise the National Sex Offender Registry to reflect
that information; and
[(B) add the name of the individual to the wanted person
file of the National Crime Information Center and create a
wanted persons record: Provided, That an arrest warrant which
meets the requirements for entry into the file is issued in
connection with the violation.
[(c) When a Covered Individual Changes Address.--
[(1) In general.--The Attorney General and each State actor
or tribal actor shall ensure that, whenever information is
made known to the Attorney General or to that actor (as the
case may be) that a covered individual has established a new
domicile, and the individual's new domicile State and
previous domicile State are not the same, the information
about the new domicile and all other information collected
under this Act about the individual is promptly made
available to--
[(A) the local law enforcement agencies responsible for the
area in which the previous domicile is located, and to those
responsible for the area in which the new domicile is
located;
[(B) the previous domicile State; and
[(C) the new domicile State.
[(2) Electronic forwarding.--In addition to the
requirements of paragraph (1), the Attorney General shall
ensure (through the National Sex Offender Registry or
otherwise) that, whenever information is made known to the
Attorney General that a covered individual has established a
new domicile, and the individual's new domicile State and
previous domicile State are not the same, the information
about the new domicile and all other information collected
under this Act about the individual is automatically and
immediately, by means of electronic forwarding, transmitted
to the new domicile State, if the new domicile State is
qualified for purposes of this Act.
[(d) When a Covered Individual Is Sentenced or Completes a
Term of Imprisonment.--The Attorney General and each State
actor or tribal actor shall ensure that, immediately after a
covered individual is sentenced for an offense that qualifies
the individual as a covered individual (or, if the individual
is imprisoned for that offense, immediately before completing
the term of imprisonment), a responsible official--
[(1) notifies the Attorney General that the individual has
completed the term of imprisonment; and
[(2) notifies the individual of the individual's duties
under this Act.
[SEC. 106. STATE AND TRIBAL SEX OFFENDER REGISTRIES.
[(a) Statewide Registry Required.--Each State actor or
tribal actor shall maintain, throughout its jurisdiction, a
single comprehensive registry of information collected under
this Act.
[(b) Release of Information in Registry.--Each State actor
or tribal actor shall have in effect, throughout its
jurisdiction, a single public information program that
includes the following elements:
[(1) Internet site.--
[(A) In general.--The actor shall release to the public,
through an Internet site maintained by the actor, all
information, except for Social Security numbers and
information relating to a covered individual for an offense
committed when the covered individual had not attained the
age of 18 years, collected under this Act. The site shall
have multiple field search capability and shall include, for
each covered individual, the name, aliases, home address,
work address, photograph, conviction for which registration
is required, and risk level. The site shall include, as much
as practicable, links to sex offender safety and education
resources.
[(B) Integration of state sites.--The actor shall consult
with other State actors and tribal actors to ensure, as much
as practicable, that the site integrates with and shares
information with the sites maintained by those other actors.
[(C) Correction of errors.--The site shall contain
instructions on the process for correcting information that a
person alleges to be erroneous.
[(D) Risk level.--For purposes of this paragraph, the risk
level for an individual shall be determined under procedures
established by the actor, under which the individual is
provided notice and an opportunity to present evidence,
including witnesses, to the trier of fact, and upon proof of
indigent status is provided counsel at the expense of the
actor. The actor shall establish not fewer than two risk
levels.
[(2) Community notification.--Appropriate law enforcement
agencies shall release information collected under this Act
relating to a covered individual to--
[(A) public and private schools, child care providers, and
businesses that provide services or products to children,
located within a radius, prescribed by the Attorney General,
of the home or work address of the individual; and
[(B) residents who reside within a radius, prescribed by
the Attorney General, of the home or work address of the
individual.
[(c) Publication of Number of Offenders Registered.--Every
three months, the Attorney General shall collect from each
State actor and tribal actor information on the total number
of covered individuals included in the registry maintained by
that State actor or tribal actor. The Attorney General shall
release that information to the public in a manner consistent
with this Act.
[(d) Report.--Not later than 1 year after the date of the
enactment of this Act, the Attorney General shall submit to
Congress a report on the feasibility of requiring State
actors and tribal actors to actively notify individuals
within a community should a covered individual move into that
community.
[SEC. 107. NATIONAL SEX OFFENDER REGISTRY.
[(a) In General.--The Attorney General shall maintain a
database to track the whereabouts and movements of covered
individuals. The database shall be known as the National Sex
Offender Registry.
[(b) Discretionary Release of Information.--
[(1) In general.--Subject to paragraph (2), the Attorney
General may release information in the National Sex Offender
Registry concerning a covered individual if the Attorney
General determines that the information released is relevant
and necessary to protect the public.
[(2) Identity of victim.--The Attorney General shall not,
under paragraph (1), release the identity of the victim of an
offense by reason of which an individual is a covered
individual.
[(c) Required Disclosures to Criminal Justice Agencies.--
The Attorney General shall disclose information in the
National Sex Offender Registry--
[(1) to Federal, State, and local criminal justice
agencies--
[(A) for law enforcement purposes; and
[(B) for releases of information under subsection (b); and
[(2) to Federal, State, and local governmental agencies
responsible for conducting employment-related background
checks under section 3 of the National Child Protection Act
of 1993 (42 U.S.C. 5119a).
[SEC. 108. DEVELOPMENT AND AVAILABILITY OF REGISTRY
MANAGEMENT SOFTWARE.
[(a) Development of Software Required.--The Attorney
General, in consultation with State actors and tribal actors,
shall develop a software application that can be used by
State actors and tribal actors for purposes of this Act. The
software shall operate in such a manner that a State actor or
tribal actor can, by using the software, fully comply with
all the requirements under this Act for collecting, managing,
and exchanging information (including exchanging information
with other State actors and tribal actors).
[(b) Availability to State and Tribal Actors.--
[(1) In general.--The Attorney General shall make the
software developed under this section available to State
actors and tribal actors. The first complete edition of the
software shall be made available within 2 years after the
date of the enactment of this Act.
[(2) Fee.--The Attorney General shall make the software
available under paragraph (1) for a fee not more than one
percent of the Attorney General's cost to develop, implement,
and support the software.
[(c) Support.--The Attorney General shall ensure that a
State actor or tribal actor purchasing the software is
provided technical support for the installation of the
software and for maintaining the software.
[SEC. 109. DNA DATABASE FOR COVERED INDIVIDUALS.
[(a) Database Required.--The Attorney General shall
establish and maintain a database for the purposes of--
[(1) managing DNA information with respect to covered
individuals; and
[(2) making that information available to Federal, State,
and local law enforcement agencies for use by those agencies
in a manner consistent with this Act.
[(b) Regulations.--Under regulations issued by the Attorney
General--
[(1) Federal, State, and local agencies and other entities
may submit DNA information to the Attorney General for
inclusion in the database;
[(2) Federal, State, and local law enforcement agencies may
compare DNA information against other DNA information in the
database; and
[(3) Federal, State, and local prosecutors may use DNA
information in prosecutions.
[SEC. 110. DUTY OF COURTS TO DETERMINE WHETHER AN INDIVIDUAL
IS A SEXUALLY VIOLENT PREDATOR.
[(a) In General.--A determination of whether an individual
is a sexually violent predator for purposes of this Act shall
be made by a court after considering the recommendation of a
board composed of experts in the behavior and treatment of
sex offenders, victims' rights advocates, and representatives
of law enforcement agencies.
[(b) Waiver.--The Attorney General may waive the
requirements of subsection (a) with respect to a State actor
or tribal actor if the Attorney General determines that the
State actor or tribal actor has established alternative
procedures or legal standards for designating a person as a
sexually violent predator.
[(c) Definitions.--In this section:
[(1) Mental abnormality.--The term ``mental abnormality''
means a congenital or acquired condition of an individual
that affects the emotional or volitional capacity of
[[Page S4082]]
the individual in a manner that predisposes that individual
to the commission of criminal sexual acts to a degree that
makes the person a menace to the health and safety of other
persons.
[(2) Predatory.--The term ``predatory'' means an act
directed at an individual (whether or not a relationship with
that individual has been established or promoted) for the
primary purpose of victimization.
[SEC. 111. DUTY OF ATTORNEY GENERAL TO DETERMINE WHETHER
STATE OR TRIBAL ACTORS ARE QUALIFIED.
[(a) In General.--A determination of whether a State actor
or tribal actor is qualified for purposes of this Act shall
be made by the Attorney General in accordance with this
section.
[(b) Requirements.--The Attorney General may determine that
a State actor or tribal actor is qualified if, as determined
by the Attorney General, each of the following apply:
[(1) The actor has in effect, throughout its jurisdiction,
laws that implement the requirements of section 103, or
substantially similar requirements, with respect to each
covered individual whose domicile is within that
jurisdiction.
[(2) The actor participates in the National Sex Offender
Registry in the manner that the Attorney General considers
appropriate.
[(3) The actor ensures that an audit of the activities
carried out under this Act is carried out at least once each
year and that the findings of each audit are promptly
reported to the Attorney General.
[(c) Reports to Congress.--Each year, the Attorney General
shall submit to Congress a report identifying the extent to
which each State actor or tribal actor is qualified for
purposes of this Act.
[SEC. 112. USE OF OTHER FEDERAL INFORMATION TO TRACK SEX
OFFENDERS.
[(a) Taxpayer Information.--The Secretary of the Treasury,
in coordination with the Attorney General, shall develop and
maintain a system under which taxpayer information that
pertains to a covered individual and is useful in locating
the individual, or in verifying information with respect to
the individual, is made available to Federal, State, and
local law enforcement agencies for use by those agencies in a
manner consistent with this Act.
[(b) Social Security Information.--The Secretary of Health
and Human Services, in coordination with the Attorney
General, shall develop and maintain a system under which
Social Security information that pertains to a covered
individual and is useful in locating the individual, or in
verifying information with respect to the individual, is made
available to Federal, State, and local law enforcement
agencies for use by those agencies in a manner consistent
with this Act.
[SEC. 113. IMPLEMENTATION BY STATE AND TRIBAL ACTORS AND
ASSISTANCE GRANTS TO THOSE ACTORS.
[(a) Implementation by State and Tribal Actors.--
[(1) In general.--Each State actor or tribal actor shall
have not more than 3 years from the date of the enactment of
this Act in which to fully implement this Act.
[(2) Implementation by tribes and in indian country.--The
Attorney General shall coordinate with the Secretary of the
Interior to assist tribal actors in fully implementing this
Act throughout the jurisdiction of each tribal actor.
[(b) Ineligibility for Funds.--
[(1) In general.--For any fiscal year after the expiration
of the period specified in subsection (a)(1), a State actor
or tribal actor that fails to fully implement this Act shall
not receive 10 percent of the funds that would otherwise be
allocated for that fiscal year to the actor under any of the
following programs:
[(A) Byrne.--Subpart 1 of Part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
seq.), whether characterized as the Edward Byrne Memorial
State and Local Law Enforcement Assistance Programs, the
Edward Byrne Memorial Justice Assistance Grant Program, or
otherwise.
[(B) LLEBG.--The Local Government Law Enforcement Block
Grants program.
[(C) Other law enforcement grants.--Any other program under
which the Attorney General provides grants or other financial
assistance, except for the SOMA program under this section.
[(2) Reallocation.--Amounts not allocated under a program
referred to in paragraph (1) to an actor for failure to fully
implement this Act shall be reallocated under that program to
State actors and tribal actors that have not failed to fully
implement this Act.
[(c) Sex Offender Management Assistance Program.--
[(1) In general.--From amounts made available to carry out
this subsection, the Attorney General shall carry out a
program, to be known as the Sex Offender Management
Assistance program (in this section referred to as the ``SOMA
program''), under which the Attorney General awards a grant
to each State actor or tribal actor to offset costs directly
associated with implementing this Act.
[(2) Distribution of funds.--Each grant awarded under the
SOMA program shall be distributed directly to the State actor
or tribal actor for distribution by that actor to public
entities within that actor.
[(3) Uses.--
[(A) In general.--Subject to subparagraph (B), each grant
awarded under the SOMA program shall be used for training,
salaries, equipment, materials, and other costs directly
associated with implementing this Act, including the costs of
acquiring and using devices in carrying out section 104.
[(B) Databases of individuals in custody.--Up to 10 percent
of a grant awarded under the SOMA program may be used to
participate in one or more databases that identify
individuals in custody, such as the JusticeXchange database.
[(4) Eligibility.--
[(A) Application.--To be eligible to receive a grant under
the SOMA program, the chief executive of a State actor or
tribal actor shall, on an annual basis, submit to the
Attorney General an application (in such form and containing
such information as the Attorney General may reasonably
require) assuring that--
[(i) the actor has fully implemented (or is making a good
faith effort to fully implement) this Act; and
[(ii) where applicable, the actor has penalties comparable
to or greater than Federal penalties for crimes listed in
this Act, except that the Attorney General may waive the
requirement of this clause if an actor demonstrates an
overriding need for assistance under the SOMA program.
[(B) Regulations.--Not later than 90 days after the date of
the enactment of this Act, the Attorney General shall
promulgate regulations to implement the procedures used
(including the information that must be included and the
requirements that the State actors or tribal actors must
meet) in submitting an application under the SOMA program.
[(5) Allocation of funds.--In allocating funds under the
SOMA program, the Attorney General may consider the number of
covered individuals registered in each actor's registry.
[(6) Incorporation of certain training programs.--Before
implementing the SOMA program, the Attorney General shall
study the feasibility of incorporating into the SOMA program
the activities of any technical assistance or training
program established as a result of section 40152 of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 13941). In a case in which incorporating such
activities into the SOMA program will eliminate duplication
of efforts or administrative costs, the Attorney General
shall take administrative actions, as allowable, and make
recommendations to Congress to incorporate such activities
into the SOMA program.
[(d) Incentives.--
[(1) Bonus payments for early compliance.--A State actor or
tribal actor that has fully implemented this Act within 2
years after the date of the enactment of this Act is eligible
for a bonus payment under the SOMA program for the fiscal
year after the Attorney General certifies that the actor has
achieved full implementation. The amount of the bonus payment
shall be equal to 5 percent of the funds that the actor
received under the SOMA program for the preceding fiscal
year. However, if the actor has fully implemented this Act
within 1 year after such date of enactment, the amount of the
bonus payment shall instead be equal to 10 percent of the
funds that the actor received under the SOMA program for the
preceding fiscal year. An actor may receive a bonus payment
under this paragraph only once during the course of the SOMA
program.
[(2) Reduced payments for late compliance.--A State actor
or tribal actor that has failed to fully implement this Act
within 3 years after the date of the enactment of this Act is
subject to a payment reduction under the SOMA program for the
following fiscal year. The amount of the payment reduction
shall be equal to 5 percent of the funds that would otherwise
be allocated to the actor under the SOMA program for that
fiscal year. In addition, if the actor has failed to fully
implement this Act within 4 years after such date of
enactment, the amount of the payment reduction shall be equal
to 10 percent of the funds that would otherwise be allocated
to the actor under the SOMA program for that fiscal year. An
actor may be subject to a payment reduction under this
paragraph only twice during the course of the SOMA program.
[(e) Reports to Congress.--Each year, the Attorney General
shall submit to Congress a report identifying the extent to
which each State actor or tribal actor has fully implemented
this Act.
[SEC. 114. IMMUNITY FOR GOOD FAITH CONDUCT.
[A law enforcement agency, an employee of a law enforcement
agency, a contractor acting at the direction of a law
enforcement agency, and an officer of a State actor or tribal
actor are immune from liability for good faith efforts to
carry out this Act.
[SEC. 115. REGULATIONS.
[The Attorney General shall issue regulations to carry out
this Act.
[SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
[There is authorized to be appropriated for each of fiscal
years 2006 through 2009 such sums as may be necessary to
carry out this Act.
[TITLE II--AMENDATORY PROVISIONS, TRANSITION PROVISIONS, AND EFFECTIVE
DATE
[SEC. 201. FAILURE TO PROVIDE INFORMATION A DEPORTABLE
OFFENSE.
[Section 237(a)(2)(A) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(2)(A)) is amended--
[(1) by redesignating clause (v) as clause (vi); and
[[Page S4083]]
[(2) by inserting after clause (iv) the following new
clause:
[``(v) Failure to provide registration information as a sex
offender.--Any alien who is convicted under subsection (d) of
section 103 of the Sex Offender Registration and Notification
Act of a violation of subsection (a) or (b) of such section
is deportable.''.
[SEC. 202. REPEAL.
[Sections 170101 (42 U.S.C. 14071) and 170102 (42 U.S.C.
14072) of the Violent Crime Control and Law Enforcement Act
of 1994 are repealed.
[SEC. 203. CONFORMING AMENDMENTS TO TITLE 18, UNITED STATES
CODE.
[The following provisions of title 18, United States Code,
are each amended by striking ``and that the person register
in any State where the person resides, is employed, carries
on a vocation, or is a student (as such terms are defined
under section 170101(a)(3) of the Violent Crime Control and
Law Enforcement Act of 1994)'' and inserting ``and that the
person comply with the Sex Offender Registration and
Notification Act'':
[(1) Probation.--Section 3563(a)(8).
[(2) Supervised release.--Section 3583(d).
[SEC. 204. EFFECTIVE DATE.
[This Act and the amendments made by this Act take effect
on the date that is 6 months after the date of the enactment
of this Act.]
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as--
(1) the ``Jacob Wetterling, Megan Nicole Kanka, and Pam
Lychner Sex Offender Registration and Notification Grant
Act'';
(2) the ``Sex Offender Registration and Notification Act'';
or
(3) the ``Jetseta Gage Prevention and Deterrence of Crimes
Against Children Act of 2005''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Effective date.
TITLE I--JACOB WETTERLING, MEGAN NICOLE KANKA, AND PAM LYCHNER SEX
OFFENDER REGISTRATION AND NOTIFICATION GRANT PROGRAM
Sec. 101. Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex
Offender Registration and Notification Grant Program.
Sec. 102. Definitions.
Sec. 103. Assistance grants to participating States.
Sec. 104. Duty of covered individuals to provide information.
Sec. 105. Duties of Attorney General and participating States.
Sec. 106. Participating state sex offender registries.
Sec. 107. Development and availability of registry management software.
Sec. 108. Election by Indian tribes.
Sec. 109. Provision of notice and access to Indian tribes.
Sec. 110. Applicability to minors.
Sec. 111. Rule of construction.
Sec. 112. Immunity for good faith conduct.
Sec. 113. State unconstitutionality.
Sec. 114. Regulations.
Sec. 115. Authorization of appropriations.
Sec. 116. Effect on current law.
TITLE II--DRU SJODIN NATIONAL SEX OFFENDER PUBLIC DATABASE ACT OF 2005
Sec. 201. Short title and definitions.
Sec. 202. National sex offender public registry.
Sec. 203. Release of high-risk inmates.
TITLE III--JETSETA GAGE PREVENTION AND DETERRENCE OF CRIMES AGAINST
CHILDREN ACT OF 2005
Sec. 301. Short title.
Sec. 302. Assured punishment for violent crimes against children.
Sec. 303. Increased penalties for sexual offenses against children.
TITLE IV--JESSICA LUNSFORD AND SARAH LUNDE ACT
Sec. 401. Short title.
Sec. 402. Pilot program for monitoring sexual offenders.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Access to Interstate Identification Index.
Sec. 502. Limitation on liability for NCMEC.
Sec. 503. Missing child reporting requirements.
Sec. 504. Treatment and management of sex offenders in the Bureau of
Prisons.
Sec. 505. Authorization for American Prosecutors Research Institute.
Sec. 506. Sex offender apprehension grants.
Sec. 507. Access to Federal crime information databases by educational
agencies for certain purposes.
Sec. 508. Grants to combat sexual abuse of children.
Sec. 509. Severability.
Sec. 510. Failure to provide information a deportable offense.
Sec. 511. Repeal.
Sec. 512. Conforming amendments to title 18, United States Code.
TITLE VI--COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES
Sec. 601. Comprehensive examination of sex offender issues.
SEC. 2. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on
the date that is 6 months after the date of the enactment of
this Act.
TITLE I--JACOB WETTERLING, MEGAN NICOLE KANKA, AND PAM LYCHNER SEX
OFFENDER REGISTRATION AND NOTIFICATION GRANT PROGRAM
SEC. 101. JACOB WETTERLING, MEGAN NICOLE KANKA, AND PAM
LYCHNER SEX OFFENDER REGISTRATION AND
NOTIFICATION GRANT PROGRAM.
The Attorney General shall establish guidelines for States'
sex offender registration programs pursuant to this title.
Collectively, the guidelines and the programs shall be known
as the ``Jacob Wetterling, Megan Nicole Kanka, and Pam
Lychner Sex Offender Registration and Notification Program''.
SEC. 102. DEFINITIONS.
In this title:
(1) Covered individual.--The term ``covered individual''
means any adult or juvenile in a participating domicile
State, participating work State, or participating school
State convicted as an adult--
(A) who has been convicted of a covered offense against a
minor;
(B) who has been convicted of a sexually violent offense;
(C) who has been convicted of an offense described in
paragraph (2);
(D) who has been convicted of an offense under State law
that is similar to the offenses described in described in
paragraph (2);
(E) who is described in section 4042(c)(4) of title 18,
United States Code, except for those convicted of a violation
of section 2257 or 2258 of title 18, United States Code; or
(F) who has been sentenced by a court martial for conduct
in a category specified by the Secretary of Defense under
section 115(a)(8)(C) of title I of Public Law 105-119 (10
U.S.C. 951 note).
(2) Covered offense against a minor.--
(A) In general.--Except as provided in subparagraph (C),
the term ``covered offense against a minor'' means an offense
(whether under the law of a State, Federal law, or military
law) that is comparable to or more severe than any of the
following offenses:
(i) Kidnapping of a minor, except by a parent or guardian
of the minor, if sexual conduct toward the minor is proved
beyond a reasonable doubt.
(ii) False imprisonment of a minor, except by a parent or
guardian of the minor, if sexual conduct toward the minor is
proved beyond a reasonable doubt.
(iii) Criminal sexual conduct toward a minor.
(iv) Solicitation of a minor to engage in sexual conduct.
(v) Use of a minor in a sexual performance.
(vi) Solicitation of a minor to practice prostitution.
(vii) Possession, production, or distribution of child
pornography, as described in section 2251, 2252, or 2252A of
title 18, United States Code.
(viii) Use of the Internet to facilitate or commit a
covered offense against a minor or to attempt to commit such
an offense against an agent of the government who has been
represented to be a minor.
(ix) Video voyeurism as described in section 1801 of title
18, United States Code, when committed against a minor.
(x) An attempt or conspiracy to commit any of the offenses
listed in this definition.
(B) Convictions under the laws of a foreign country.--The
term ``covered offense against a minor'' includes convictions
for offenses specified in subparagraph (A) that have been
obtained under the laws of any foreign nation that has been
certified by the Attorney General, after notice and an
opportunity for a hearing, as having a sufficiently reliable
criminal justice system.
(C) Exception for certain offenses.--The term ``covered
offense against a minor'' does not include an offense if the
conduct on which the offense is based is criminal only
because of the age of the victim, and if individual had
committed the offense either had not attained the age of 18
years or was less than 4 years older than the victim when the
offense was committed.
(3) Domicile.--The term ``domicile'' means, with respect to
an individual, any place that serves as the primary place at
which the individual lives.
(4) Domicile state.--The term ``domicile State'' means,
with respect to an individual, the State within the
jurisdiction of which is the individual's domicile.
(5) Educational institution.--The term ``educational
institution'' includes (whether public or private) any
secondary school, trade or professional institution, and
institution of higher education.
(6) Employment.--The term ``employment'' includes carrying
on a vocation and covers any labor or service rendered
(whether as a volunteer or for compensation or for government
or educational benefit) on a full-time or part-time basis.
(7) Minor.--The term ``minor'' means any person who has not
attained the age of 18 years or the age of consent in the
relevant jurisdiction, whichever age is lower.
(8) National sex offender registry.--The term ``National
Sex Offender Registry'' means the database maintained by the
Attorney General pursuant to section 105.
(9) National sex offender public registry.--The term
``National Sex Offender Public Registry'' means the Internet
site maintained by the Attorney General pursuant to section
202.
(10) Participating state.--The term ``participating State''
means a State participating in the grant program authorized
under this title.
(11) School state.--The term ``school State'' means, with
respect to an individual, the State within the jurisdiction
of which the educational institution at which the individual
is a student is located.
(12) Sexually violent offense.--The term ``sexually violent
offense'' means an offense (whether under the law of a State,
Federal law, military law, or the law of a foreign country)
that is comparable to or more severe than any of the
following offenses:
[[Page S4084]]
(A) Aggravated sexual abuse or sexual abuse (as described
in sections 2241 and 2242 of title 18, United States Code).
(B) An attempt or conspiracy to commit such an offense.
(13) State.--The term ``State'' means any of the following:
(A) A State.
(B) The District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Islands,
or the Northern Mariana Islands.
(C) A federally recognized Indian tribe that has elected in
accordance with section 108 to carry out this Act as a
jurisdiction subject to its provisions.
(14) Student.--The term ``student'' means an individual
who, whether on a full-time or part-time basis, enrolls in or
attends an educational institution.
(15) Tier i individual.--The term ``Tier I individual''
means an individual required to register under this title who
is subject to the least intensive registration requirements,
as determined in accordance with criteria promulgated under
section 106(b)(1)(E).
(16) Tier ii individual.--The term ``Tier II individual''
means an individual required to register under this title who
is subject to more intensive registration requirements than
Tier I individuals, as determined in accordance with criteria
promulgated under section 106(b)(1)(E).
(17) Tier iii individual.--The term ``Tier III individual''
means an individual required to register under this title who
is subject to the most intensive registration requirements,
as determined in accordance with criteria promulgated under
section 106(b)(1)(E).
(18) Work state.--The term ``work State'' means, with
respect to an individual, the State within the jurisdiction
of which the individual's current place of employment is
located or, if the individual is unemployed, the individual's
most recent place of employment.
SEC. 103. ASSISTANCE GRANTS TO PARTICIPATING STATES.
(a) Sex Offender Management Assistance Program.--
(1) In general.--From amounts made available to carry out
this subsection, the Attorney General shall carry out a
program, to be known as the Sex Offender Management
Assistance program (in this section referred to as the ``SOMA
program''), under which the Attorney General may award grants
to participating States to offset costs directly associated
with implementing this title.
(2) Distribution of funds.--Each grant awarded under the
SOMA program shall be distributed directly to the
participating State for distribution by that participating
State to public entities, including local governments and law
enforcement agencies, within that participating State.
(3) Uses.--Up to 10 percent of a grant awarded under the
SOMA program may be used to participate in 1 or more
databases that identify individuals in custody.
(4) Eligibility.--
(A) In general.--To be eligible to receive a grant under
the SOMA program in a fiscal year and except as provided in
subparagraph (B), the chief executive of a participating
State shall submit to the Attorney General an application (in
such form, at such a time, and containing such information as
the Attorney General may reasonably require) assuring that--
(i) the participating State has substantially implemented
(or is making a good faith effort to substantially implement)
this title; and
(ii) the participating State has made the failure of a
covered individual to register as required a felony.
(B) Exception.--The Attorney General may waive the
requirement of subparagraph (A) if a participating State
demonstrates an overriding need for assistance under the SOMA
program.
(5) Allocation of funds.--In allocating funds under the
SOMA program, the Attorney General may consider the number of
covered individuals registered in each participating State's
registry.
(6) Incorporation of certain training programs.--
(A) Study.--During the course of implementing the SOMA
program, the Attorney General shall study the feasibility of
incorporating into the SOMA program the activities of any
technical assistance or training program established as a
result of section 40152 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13941).
(B) Incorporating.--In a case in which incorporating such
activities into the SOMA program will eliminate duplication
of efforts or administrative costs, the Attorney General
shall take administrative actions, as allowable, and make
recommendations to Congress to incorporate such activities
into the SOMA program.
(b) Incentives; Bonus Payments for Early Compliance.--
(1) Bonus.--A participating State that has substantially
implemented this title within 2 years after the date of the
enactment of this Act is eligible for a bonus payment under
the SOMA program for the fiscal year after the Attorney
General certifies that the participating State has achieved
substantial implementation.
(2) Amount.--The amount of the bonus payment under
paragraph (1) shall be--
(A) equal to 5 percent of the funds that the participating
State received under the SOMA program for the preceding
fiscal year; or
(B) if the participating State has substantially
implemented this title within 1 year after the date of
enactment of this Act, the amount of the bonus payment shall
be equal to 10 percent of the funds that the participating
State received under the SOMA program for the preceding
fiscal year.
(3) One payment.--A participating State may receive a bonus
payment under this subsection only once during the course of
the SOMA program.
(c) Reports to Congress.--Each year, the Attorney General
shall submit to Congress a report identifying the extent to
which each participating State has implemented this title.
SEC. 104. DUTY OF COVERED INDIVIDUALS TO PROVIDE INFORMATION.
(a) Information Required Periodically.--A covered
individual shall, for the life of that individual (except as
provided in this section), provide information as follows:
(1) Registration information.--Initially during the time
period specified in accordance with paragraph (4), and
thereafter as provided in paragraph (5), the individual
shall--
(A) appear before persons designated by the individual's
participating domicile State, participating work State (if
different from the participating domicile State), and
participating school State (if different from the
participating domicile State); and
(B) provide to such persons--
(i) the individual's name and aliases;
(ii) the individual's Social Security number;
(iii) the address where the individual maintains or will
maintain his domicile;
(iv) a photocopy of a valid driver's license or
identification card issued to the individual from the
Department of Motor Vehicles in the individual's domicile
State;
(v) the license plate number of, and other identifying
information with respect to, each vehicle owned or operated
by the individual;
(vi) the name and address of the place where the individual
is employed or will be employed; and
(vii) the name and address of any educational institution
at which the individual is a student or will be a student.
(2) Photograph.--Initially during the time period specified
in accordance with paragraph (4), and thereafter at least
once every 12 months, the individual shall appear before
persons designated by the individual's participating domicile
State, participating work State (if different from the
participating domicile State), and participating school State
(if different from the participating domicile State) and
submit to the taking of a photograph.
(3) Fingerprints.--During the time period specified in
accordance with paragraph (4), the individual shall appear
before persons designated by the individual's participating
domicile State, participating work State (if different from
the participating domicile State), and participating school
State (if different from the participating domicile State)
and submit to the taking of fingerprints. This paragraph does
not apply if the State determines that it already has a valid
set of fingerprints in its possession.
(4) Timing of initial registration.--The Attorney General
shall prescribe the time period within which a covered
individual must fulfill the initial registration requirements
set forth in paragraphs (1), (2), and (3).
(5) Ongoing registration.--
(A) In general.--The ongoing registration requirement under
paragraph (1) is--
(i) for Tier I individuals every 12 months;
(ii) for Tier II individuals every 6 months; and
(iii) for Tier III individuals every 3 months.
(B) Exemption.--A covered individual is exempt from the
ongoing registration requirement of this subsection if the
covered individual is incarcerated at the time specified in
subparagraph (A).
(6) Covered individual in custody of a state other than
domicile state.--A covered individual who, during the time
period specified in accordance with paragraph (4), is in the
custody of a participating State that is not the individual's
participating domicile State, shall fulfill the initial
registration requirements set forth in paragraphs (1), (2),
and (3) by providing the specified information to an
appropriate official of the jurisdiction that is holding the
individual in custody. The official shall promptly make
available that information to the individual's domicile
State.
(7) Individual in federal or military custody.--Whenever an
individual is a covered individual on the basis of
subparagraph (C), (E) or (F) of section 102(1), the procedure
upon release or sentencing of the individual shall be as
provided in section 4042(c) of title 18, United States Code,
or section 115(a)(8)(C) of title I of Public Law 105-119. The
individual shall promptly register and continue to register
as provided in this section in each participating domicile,
work, and school State of the individual. To the extent that
any procedure or requirement of this section cannot be
applied to the individual, the Attorney General may specify
alternative procedures and requirements for the registration
of such individuals in participating domicile, work, and
school States.
(8) Retroactive application.--The Attorney General shall
have the authority to--
(A) specify the applicability of the requirements of this
title to individuals who are covered individuals based on a
conviction or sentencing that occurred prior to the date of
enactment or who are, as of the date of enactment of this
Act, incarcerated or under a non-incarcerative sentence for
some other offense;
(B) specify the applicability of the requirements of this
title to all other individuals who are covered individuals
based on a conviction or sentencing that occurred prior to
the enactment date of enactment of this Act or the
implementation of the requirements of this title by a
participating State; and
(C) specify procedures and methods for the registration of
individuals to whom the requirements of this title apply
pursuant to subparagraph (A) or (B).
(b) Requirement to Register and Keep Registration
Information Current.--
(1) Registration requirement.--A covered individual shall,
for the life of that individual (except as provided in this
section), promptly register in each participating domicile,
work,
[[Page S4085]]
and school State of the individual and keep the registration
information current. To the extent that the procedures or
requirements for registering or updating registration
information in any participating domicile, work, or school
State are not fully specified in this section, the Attorney
General may specify such procedures and requirements.
(2) Changes to registration information of certain
offenders.--The following shall apply to changes of
registration information under this section for Tier II and
Tier III individuals:
(A) Change of name.--Not more than 5 days after changing
his or her name, the individual shall appear before persons
designated by the individual's participating domicile State,
participating work State (if different from the participating
domicile State), and participating school State (if different
from the participating domicile State) and provide the new
name.
(B) Change of address.--Not more than 5 days before or
after establishing a new domicile, the individual shall--
(i) appear before persons designated by the individual's
participating domicile State, participating work State (if
different from the participating domicile State), and
participating school State (if different from the
participating domicile State) and provide the address of the
new domicile and the address of the previous domicile; and
(ii) if the new domicile and the previous domicile are not
both within the jurisdiction of a single participating State
under this Act--
(I) appear before a person designated by the individual's
previous participating domicile State (and appear before
persons designated by the individual's participating work
State (if different from the previous participating domicile
State) and participating school State (if different from the
previous participating domicile State)) and fulfill the
requirements of clause (i); and
(II) appear before a person designated by the individual's
new participating domicile State to--
(aa) provide the designated person the address of the new
domicile and the address of the previous domicile; and
(bb) submit to the taking of a photograph and, unless the
participating State determines that it already possesses a
valid set, fingerprints.
(C) Change of employment.--Not more than 5 days before or
after beginning, or ceasing, employment by an employer, the
individual shall appear before, and provide notice of the
beginning or ceasing, and the name and address of the
employer, to--
(i) a person designated by the individual's participating
domicile State; and
(ii) if the individual's participating work State is
different from the domicile State, a person designated by the
individual's participating work State.
(D) Change of student status.--Not more than 5 days before,
after beginning, or ceasing to be a student at an educational
institution, the individual shall appear before, and provide
notice of the beginning or ceasing, and the name and address
of the educational institution, to--
(i) a person designated by the individual's participating
domicile State; and
(ii) if the individual's participating school State is
different from the domicile State, a person designated by the
individual's participating school State.
(c) Punishment.--
(1) In general.--Whoever--
(A) knowingly fails to register in any jurisdiction in
which such person is required to register under this title;
and
(B)(i) has been convicted of a Federal offense, an offense
under the Uniform Code of Military Justice, or a tribal
offense, for which registration is required by such Act or
law; or
(ii) travels in interstate or foreign commerce.
shall be fined under this title and imprisoned according to
the penalties in paragraphs (2) and (3).
(2) First conviction.--On the first conviction under
paragraph (1)--
(A) a Tier I individual shall be fined under title 18,
United States Code, or imprisoned not more than 3 years, or
both;
(B) a Tier II individual shall be fined under title 18,
United States Code, or imprisoned not more than 5 years, or
both; and
(C) a Tier III individual shall be fined under title 18,
United States Code, or imprisoned not more than 10 years, or
both.
(3) Subsequent convictions.--On any conviction after the
first under paragraph (1)--
(A) a Tier I individual shall be fined under title 18,
United States Code, or imprisoned not more than 10 years, or
both;
(B) a Tier II individual shall be fined under title 18,
United States Code, or imprisoned not more than 20 years, or
both; and
(C) a Tier III individual shall be fined under title 18,
United States Code, or imprisoned for any term of years or
for life, or both.
(4) Affirmative defense.--In a prosecution for a violation
under this section, it is an affirmative defense--
(A) that uncontrollable circumstances prevented the
individual from complying;
(B) the individual did not contribute to the creation of
such circumstances in reckless disregard of the requirement
to comply; and
(C) the individual complied as soon as such circumstances
ceased to exist.
(5) Continuing violations.--A violation under this section
is a continuing violation for purposes of the statute of
limitations.
(6) Exceptions.--An individual may petition for relief from
the requirements of subsections (a) and (b) based on a claim
that--
(A) the conviction that subjected the individual to those
requirements has been overturned;
(B) the individual's inclusion on the applicable registry
is the result of an administrative or clerical error; or
(C) the individual has been pardoned by the chief executive
of the jurisdiction in which the individual was convicted of
the crime that subjected the individual to the requirements
of subsections (a) and (b).
(d) Exceptions for Certain Individuals.--Subsections (a)
and (b) apply to any covered individual, except as provided
as follows:
(1) Tier i individuals.--The individual is a Tier I
individual and both of the following apply:
(A) The individual has only 1 conviction for an offense
that qualifies the individual as a covered individual.
(B) A period of at least 10 years, excluding ensuing
periods of incarceration, has expired since the date on which
the individual was sentenced for, or completed the term of
imprisonment for, the conviction described in subparagraph
(A).
(2) Tier ii individuals.--The individual is a Tier II
individual and both of the following apply:
(A) The individual has only 1 conviction for an offense
that qualifies the individual as a covered individual.
(B) A period of at least 20 years, excluding ensuing
periods of incarceration, has expired since the date on which
the individual was sentenced for, or completed the term of
imprisonment for, the conviction described in subparagraph
(A).
SEC. 105. DUTIES OF ATTORNEY GENERAL AND PARTICIPATING
STATES.
(a) Duty to Obtain Acknowledgment of Obligations.--
(1) In general.--During the time period specified in
paragraph (2), an appropriate official shall--
(A) inform each covered individual of the duty to register
and of that individual's ongoing obligations under this
title;
(B) require the individual to read and sign a form
affirming that--
(i) the duty to register has been explained to the
individual;
(ii) the individual's ongoing obligations under this title
have been explained to the individual; and
(iii) the individual understands the registration
requirements; and
(C) ensure that the individual has completed the initial
registration process.
(2) Appropriate time period.--The Attorney General shall
prescribe an appropriate time period during which the
requirements set forth in paragraph (1) shall be fulfilled.
(3) Fulfillment.--The requirements of paragraph (1) shall
be fulfilled--
(A) before a covered individual has been released from
custody; or
(B) if the covered individual is not in custody, shortly
after the individual has been sentenced.
(b) Obtaining and Sharing Information.--
(1) Obtaining information.--When an individual appears
before the Attorney General or a participating State to
provide information pursuant to this title (including
information such as photographs and fingerprints), the
Attorney General (or the participating State, or both, as the
case may be) shall--
(A) ensure that the individual complies with the applicable
requirements of this title;
(B) ensure that the information provided is accurate and
complete; and
(C) ensure that the information provided is promptly
entered into the appropriate records or data system of the
participating State.
(2) Sharing information.--
(A) Domicile state.--The domicile State of an individual,
and the State which originally registers the individual if
different from the domicile State, shall promptly notify each
domicile, work, and school State of the individual of which
it is aware concerning the individual's domicile, employment,
or student status in such State and shall make available to
each such State the information concerning the individual.
(B) Change in domicile.--If a domicile State of an
individual is informed by the individual, or otherwise
becomes aware, that there will be or has been a change in the
individual's domicile State, the domicile State shall
promptly notify the new domicile State and make available to
the new domicile State the information concerning the
individual.
(C) Available information.--A domicile State shall promptly
make available the information concerning an individual to a
law enforcement agency or agencies in the State having
jurisdiction where--
(i) the individual's domicile is located;
(ii) the individual's place of employment is located; and
(iii) any educational institution at which the individual
is a student is located.
(c) Entry of Information Into the National Sex Offender
Registry.--
(1) Maintenance of a national sex offender registry.--The
Attorney General shall maintain a national database at the
Federal Bureau of Investigation, to be known as the National
Sex Offender Registry, which shall include information
concerning covered individuals who are required to register
in the sex offender registry of any jurisdiction. Information
may be released from the National Sex Offender Registry to
criminal justice agencies, and to other entities as the
Attorney General may provide.
(2) Participation in the national sex offender
registries.--Each participating State shall, in the time and
manner provided by the Attorney General--
(A) submit to the Attorney General the information
concerning each covered individual under this title, which
shall be included in the National Sex Offender Registry or
other databases as appropriate;
(B) submit the information described in subparagraph (A) in
a manner that allows the Attorney General to include it in
the National Sex Offender Registries; and
[[Page S4086]]
(C) participate in the National Sex Offender Public
Registry maintained pursuant to section 202.
(d) When a Covered Individual Is Missing.--
(1) State.--Whenever a participating State is unable to
verify the address of or locate a covered individual, the
participating State shall promptly notify the Attorney
General.
(2) Attorney general.--Whenever information is made known
to the Attorney General under paragraph (1) that a State is
unable to verify the address of or locate a covered
individual, the Attorney General shall--
(A) revise the National Sex Offender Registry to reflect
that information; and
(B) add the name of the individual to the wanted person
file of the National Crime Information Center and create a
wanted persons record if an arrest warrant that meets the
requirements for entry into the file is issued in connection
with the violation.
(3) Investigation.--The Attorney General shall use the
authority provided in section 566(e)(1)(B) of title 28,
United States Code, the authority to investigate offenses
under chapter 49 of title 18, United States Code, and the
authority provided in any other relevant provision of law, as
appropriate, to assist States and other jurisdictions in
locating and apprehending covered individuals and any other
individuals who violate sex offender registration
requirements.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for fiscal
years 2006 through 2008 to carry out this section.
SEC. 106. PARTICIPATING STATE SEX OFFENDER REGISTRIES.
(a) Statewide Registry Required.--Each participating State
shall maintain, throughout its jurisdiction, a single
comprehensive registry of information collected under this
title.
(b) Release of Information in Registry.--Each participating
State shall have in effect, throughout its jurisdiction, a
single public information program that includes the following
elements:
(1) Internet site.--
(A) Information.--
(i) In general.--Except as provided in clause (iii), the
participating State shall release to the public, through an
Internet site maintained by the State that shall have
multiple field search capability, the following information
for Tier II and III individuals whose domicile State, work
State, or school State is the same as the participating
State:
(I) The name and any known aliases of the individual.
(II) The date of birth of the individual.
(III) A physical description of the individual.
(IV) The current photograph of the individual.
(V) The domicile address of the individual.
(VI) The address of the individual's place of employment.
(VII) The address of any educational institution at which
the individual is a student.
(VIII) The nature and date of all offenses qualifying the
individual as a covered individual.
(IX) The date on which the individual was released from
prison, or placed on parole, supervised release, or
probation, for the most recent offense qualifying the
individual as a covered individual.
(X) Tier designation for the individual.
(XI) Compliance status of the individual.
(ii) Tier i individuals.--The participating State may, at
its discretion, include information about Tier I individuals
on its Internet site.
(iii) Victims.--The participating State shall make every
effort not to disclose the identity of the victim of an
offense. Information about a covered individual whose duty to
register is based solely on offenses against intrafamilial
minors may, after consultation with the victim, be limited or
withheld in its entirety from an Internet site or registry,
at the discretion of the participating State.
(iv) Links.--The site shall include, as much as
practicable, links to sex offender safety and education
resources.
(B) Integration of state sites.--The participating State
shall consult with other States to ensure, as much as
practicable, that the site integrates with and shares
information with the sites maintained by those other States.
(C) Correction of errors.--The site shall contain
instructions on the process for correcting information that a
person alleges to be erroneous.
(D) Warning.--The site shall include a warning that the
information presented should not be used to injure, harass,
or commit a criminal act against any individual named in the
registry or residing or working at any reported address. The
warning shall note that any such action could result in
criminal prosecution.
(E) Tier designation.--
(i) In general.--The participating State shall establish 3
tier designations. The tier designation of an individual
shall be determined under criteria promulgated by the
participating State in accordance with the participating
State's resources and local priorities.
(ii) Sexually violent offenders.--All individuals convicted
of sexually violent offenses shall be designated as Tier III
individuals.
(iii) Physical contact of a sexual nature with a minor.--
All individuals convicted of any offense, an element of which
is physical contact of a sexual nature with a minor, shall be
designated as Tier II or Tier III individuals.
(2) Community notification.--
(A) Tier ii individuals.--Appropriate law enforcement
agencies in participating States shall release information
collected under this title relating to Tier II individuals to
public and private schools, including institutions of higher
learning, child care providers, and businesses that provide
services or products to children, located within a radius,
prescribed by the participating State, of the home or work
address of the individual.
(B) Tier iii individuals.--Appropriate law enforcement
agencies in participating States shall release information
collected under this title relating to Tier III individuals
to--
(i) public and private schools, including institutions of
higher learning, child care providers, and businesses that
provide services or products to children, located within a
radius, prescribed by the participating State, of the home or
work address of the individual; and
(ii) residents who reside within a radius, prescribed by
the participating State, of the home or work address of the
individual.
(c) Publication of Number of Offenders Registered.--
(1) In general.--Every 6 months, the Attorney General shall
collect from each State information on the total number of
covered individuals included in the registry maintained by
that State.
(2) Public availability and contents.--The Attorney General
shall--
(A) release information under paragraph (1) to the public
in a manner consistent with this title; and
(B) include in such a release the number of individuals
within each tier and the number of individuals who are in
compliance with this title within each tier.
(3) Double-counting.--In reporting information collected
under paragraph (1), the Attorney General shall ensure, to
the extent practicable, that offenders are not being double-
counted.
SEC. 107. DEVELOPMENT AND AVAILABILITY OF REGISTRY MANAGEMENT
SOFTWARE.
(a) Development of Software Required.--The Attorney
General, in consultation with participating States, shall--
(1) develop a software application that can be used by
participating States for purposes of this title; and
(2) ensure that such software operates in such a manner
that a participating State can, by using the software, fully
comply with all the requirements under this title for
managing and exchanging information (including exchanging
information with other States).
(b) Availability to States.--The Attorney General shall
make the software developed under this section available to
States. The first complete edition of the software shall be
made available within 2 years after the date of the enactment
of this Act.
(c) Support.--The Attorney General shall ensure that States
are provided technical support for the installation of the
software and for maintaining the software.
SEC. 108. ELECTION BY INDIAN TRIBES.
(a) Election.--
(1) In general.--A federally recognized Indian tribe may,
by resolution or other enactment of the tribal council or
comparable governmental body--
(A) elect to carry out this title as a jurisdiction subject
to its provisions; or
(B) elect to delegate its functions under this title to a
participating State or participating States within which the
territory of the tribe is located and to provide access to
its territory and such other cooperation and assistance as
may be needed to enable such participating State or
participating States to carry out and enforce the
requirements of this title.
(2) Election.--A tribe shall be treated as if it had made
the election described in paragraph (1)(B) if--
(A) it is a tribe subject to the law enforcement
jurisdiction of a participating State under section 1162 of
title 18, United States Code;
(B) the tribe does not make an election under paragraph (1)
within 1 year of the enactment of this Act or rescinds an
election under paragraph (1)(A); or
(C) the Attorney General determines that the tribe has not
implemented the requirements of this title and is not likely
to become capable of doing so within a reasonable amount of
time.
(b) Cooperation Between Participating State and Tribal
Authorities.--
(1) Nonduplication.--A tribe subject to this title is not
required for purposes of this title to duplicate functions
under this title which are fully carried out by a
participating State or participating States within which the
territory of the tribe is located.
(2) Cooperative agreements.--A tribe may, through
cooperative agreements with such a participating State or
participating States--
(A) arrange for the tribe to carry out any function of the
participating State under this title with respect to sex
offenders subject to the tribe's jurisdiction; and
(B) arrange for the participating State to carry out any
function of the tribe under this title with respect to sex
offenders subject to the tribe's jurisdiction.
SEC. 109. PROVISION OF NOTICE AND ACCESS TO INDIAN TRIBES.
(a) Conforming Amendment to Title 18, United States Code.--
Section 4042(c)(1)(A) of title 18, United States Code, is
amended by striking ``State'' and inserting ``State, Indian
Country,''.
(b) Responsibility of Participating States.--An appropriate
participating State official, pursuant to this title and
exercising jurisdiction pursuant to Public Law 93-280, shall
ensure that notice is provided to any Indian tribe of the
release into the jurisdiction of the Indian tribe of a
covered individual.
(c) Access to National Sex Offender Registry.--From funds
made available under section 107, the Attorney General shall
use such amounts as the Attorney General determines to be
appropriate to make grants to Indian tribes for the
development of electronic databases to provide access to
information in the National Sex Offender Registry.
[[Page S4087]]
SEC. 110. APPLICABILITY TO MINORS.
Notwithstanding any other provision of this Act, the
requirements of this Act are not applicable with respect to
any individual who is only subject to such requirements
because of a delinquent adjudication that occurred when the
individual was a minor, unless that individual was charged
and convicted as an adult.
SEC. 111. RULE OF CONSTRUCTION.
The provisions of this title that are cast as directions to
participating States or their officials constitute only
conditions that must be substantially met, in accordance with
section 107, in order to obtain Federal funding under this
title.
SEC. 112. IMMUNITY FOR GOOD FAITH CONDUCT.
The Federal Government, participating States and political
subdivisions thereof, and their agencies, officers,
employees, and agents shall be immune from liability for good
faith conduct under this Act.
SEC. 113. STATE UNCONSTITUTIONALITY.
(a) In General.--Nothing in this title shall be deemed to
require a participating State to take any action that would
violate that participating State's constitution.
(b) Funds.--The Attorney General shall not withhold funds
to any participating State under section 107 if the
participating State declines to implement any provisions of
this title on the ground that to do so would place the
participating State in violation of its constitution or a
ruling by the participating State's highest court.
(c) Deference.--In considering whether compliance with the
requirements of this title would likely violate the
participating State's constitution or rulings by the
participating State's highest court under this section, the
Attorney General shall defer to the participating State's
interpretation of the participating State's constitution and
rulings of the participating State's highest court unless
those interpretations are clearly erroneous.
SEC. 114. REGULATIONS.
The Attorney General shall issue guidelines and regulations
to interpret and implement this title.
SEC. 115. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for each of fiscal
years 2006 through 2009 such sums as may be necessary to
carry out this title.
SEC. 116. EFFECT ON CURRENT LAW.
This title does not diminish any existing conditions on
participating and non-participating States under current law.
TITLE II--DRU SJODIN NATIONAL SEX OFFENDER PUBLIC DATABASE ACT OF 2005
SEC. 201. SHORT TITLE AND DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Dru
Sjodin National Sex Offender Public Database Act of 2005''.
(b) Definitions.--The definitions in section 102 shall
apply in this title.
SEC. 202. NATIONAL SEX OFFENDER PUBLIC REGISTRY.
(a) In General.--The Attorney General shall maintain a
national Internet site, to be known as the ``National Sex
Offender Public Registry,'' through which the public can
access information in the public sex offender Internet sites
of all States by means of single-query searches.
(b) Information Available in Public Registry.--With respect
to Tier II and Tier III individuals and except as provided in
subsection (e), the National Sex Offender Public Registry
shall provide the following information:
(1) The name and any known aliases of the individual.
(2) The date of birth of the individual.
(3) A physical description of the individual.
(4) The current photograph of the individual.
(5) The domicile address of the individual.
(6) The address of the individual's place of employment.
(7) The address of any educational institution at which the
individual is a student.
(8) The nature and date of all offenses qualifying the
individual as a covered individual.
(9) The date on which the individual was released from
prison, or placed on parole, supervised release, or
probation, for the most recent offense qualifying the
individual as a covered individual.
(10) Tier designation for the individual.
(11) Compliance status of the individual.
(c) Search Capabilities.--The National Sex Offender Public
Registry shall have multiple search capabilities, including--
(1) searches by name; and
(2) searches by geographic area including searches by zip
code area and searches within a radius specified by the user.
(d) Tier I Individuals.--The Attorney General shall also
provide, in accordance with this section, information related
to a Tier I individual only if such information is provided
by a State on that State's Internet site.
(e) Family Member Offense.--The Attorney General shall
provide, in accordance with this section, information related
to a covered offense against a minor committed by a family
member of the minor only if such information is provided by a
State on that State's Internet site.
SEC. 203. RELEASE OF HIGH-RISK INMATES.
(a) In General.--From amounts made available to carry out
this section, the Attorney General may make grants to
participating States for activities specified in subsections
(b) and (c).
(b) Civil Commitment Proceedings.--
(1) In general.--Any participating State that provides for
a civil commitment proceeding, or any equivalent proceeding,
shall issue timely notice to a State official responsible for
considering whether to pursue such proceedings upon the
impending release of any person incarcerated by the
participating State who--
(A) has been convicted of a sexually violent offense; or
(B) has been deemed by the participating State to be at
high risk for recommitting any covered offense against a
minor.
(2) Review.--Upon receiving notice under paragraph (1), the
State official shall consider whether or not to pursue a
civil commitment proceeding, or any equivalent proceeding
required under State law.
(c) Monitoring of Released Persons.--Each participating
State shall intensively monitor, for not less than 1 year,
any person who--
(1) has been deemed by the participating State to be at
high risk for recommitting any covered offense against a
minor;
(2) has been unconditionally released from incarceration by
the participating State; and
(3) has not been civilly committed pursuant to a civil
commitment proceeding, or any equivalent proceeding under
State law.
(d) Authorization of Appropriations.--There are authorized
to be appropriated for each fiscal year such sums as may be
necessary to carry out this section.
TITLE III--JETSETA GAGE PREVENTION AND DETERRENCE OF CRIMES AGAINST
CHILDREN ACT OF 2005
SEC. 301. SHORT TITLE.
This title may be cited as the ``Jetseta Gage Prevention
and Deterrence of Crimes Against Children Act of 2005''.
SEC. 302. ASSURED PUNISHMENT FOR VIOLENT CRIMES AGAINST
CHILDREN.
Section 3559(d) of title 18, United States Code, is amended
to read as follows:
``(d) Mandatory Minimum Terms of Imprisonment for Violent
Crimes Against Children.--A person who is convicted of a
Federal crime of violence against the person of an individual
who has not attained the age of 12 years and has the intent
to commit a serious sex crime as defined in section 2241 of
title 18 shall, unless a greater mandatory minimum sentence
of imprisonment is otherwise provided by law and regardless
of any maximum term of imprisonment otherwise provided for
the offense--
``(1) if the crime of violence results in the death of a
person who has not attained the age of 12 years, be
imprisoned for not less than 30 years to life;
``(2) if the crime of violence is a kidnapping or maiming
(or an attempt or conspiracy to commit kidnapping or maiming)
or results in serious bodily injury (as defined in section
1365), be imprisoned for not less than 20 years to life; and
``(3) if a dangerous weapon was used during and in relation
to the crime of violence, be imprisoned for not less than 10
years to life.''.
SEC. 303. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST
CHILDREN.
(a) Sexual Abuse.--
(1) Aggravated sexual abuse of children.--Section 2241(c)
of title 18, United States Code, is amended by--
(A) designating the second sentence as paragraph (4); and
(B) striking the first sentence and inserting the
following:
``(1) Whoever crosses a State line with intent to engage in
a sexual act with a person who has not attained the age of 12
years, or in the special maritime and territorial
jurisdiction of the United States or in a Federal prison,
knowingly engages in a sexual act with another person who has
not attained the age of 12 years, or attempts to do so, shall
be fined under this title and imprisoned for not less than 10
years to life, or both.
``(2) Whoever crosses a State line with intent to engage in
a sexual act under the circumstances described in subsections
(a) or (b) with a person who has not attained the age of 12
years, or in the special maritime and territorial
jurisdiction of the United States or in a Federal prison,
knowingly engages in a sexual act under the circumstances
described in subsections (a) or (b) with another person who
has not attained the age of 12 years, or attempts to do so,
shall be fined under this title and imprisoned not less than
30 years to life, or both.
``(3) Whoever crosses a State line with intent to engage in
a sexual act under the circumstances described in subsections
(a) or (b) with a person who has not attained the age of 12
years, or in the special maritime and territorial
jurisdiction of the United States or in a Federal prison,
knowingly engages in a sexual act under the circumstances
described in subsections (a) or (b) with another person who
has attained the age of 12 but has not attained the age of 16
years (and is at least 4 years younger than the person so
engaging), or attempts to do so, shall be fined under this
title, imprisoned for any term of years or life, or both.''.
(2) Sexual abuse of children resulting in death.--Section
2245 of title 18, United States Code, is amended--
(A) by striking ``A person'' and inserting ``(a) In
General.--A person''; and
(B) by adding at the end the following:
``(b) Offenses Involving Young Children.--A person who, in
the course of an offense under this chapter, engages in
conduct that includes a sex act with a person who has not
attained the age of 12 years and that results in the death of
that person, shall be punished by death or imprisoned for not
less than 30 years to life.''.
(b) Sexual Exploitation and Other Abuse of Children.--
(1) Sexual exploitation of children.--Section 2251(e) of
title 18, United States Code, is amended by striking ``any
term of years or for life'' and inserting ``not less than 30
years to life.''
(2) Using misleading domain names to direct children to
harmful material on the internet.--Section 2252B(b) of title
18, United States Code, is amended by striking ``or
imprisoned not more than 4 years'' and inserting ``or
imprisoned not more than 10 years.''.
TITLE IV--JESSICA LUNSFORD AND SARAH LUNDE ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Jessica Lunsford and Sarah
Lunde Act''.
[[Page S4088]]
SEC. 402. PILOT PROGRAM FOR MONITORING SEXUAL OFFENDERS.
(a) Definition.--In this section, the term ``sexual
offender'' means an offender 18 years of age or older who
commits a sexual offense against a minor.
(b) Sexual Predator Monitoring Program.--
(1) Grants authorized.--
(A) In general.--The Attorney General is authorized to
award grants (referred to as ``Jessica Lunsford and Sarah
Lunde Grants'') to State and local governments to assist such
States and local governments in--
(i) carrying out programs to outfit sexual offenders with
electronic monitoring units; and
(ii) the employment of law enforcement officials necessary
to carry out such programs.
(B) Duration.--The Attorney General shall award grants
under this section for a period not to exceed 3 years.
(2) Application.--
(A) In general.--Each State or local government desiring a
grant under this section shall submit an application to the
Attorney General at such time, in such manner, and
accompanied by such information as the Attorney General may
reasonably require.
(B) Contents.--Each application submitted pursuant to
subparagraph (A) shall--
(i) describe the activities for which assistance under this
section is sought; and
(ii) provide such additional assurances as the Attorney
General determines to be essential to ensure compliance with
the requirements of this section.
(c) Innovation.--In making grants under this section, the
Attorney General shall ensure that different approaches to
monitoring are funded to allow an assessment of
effectiveness.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$10,000,000 for each of the fiscal years 2006 through 2008 to
carry out this section.
(2) Report.--Not later than April 1, 2008, the Attorney
General shall report to Congress--
(A) assessing the effectiveness and value of this section;
(B) comparing the cost effectiveness of the electronic
monitoring to reduce sex offenses compared to other
alternatives; and
(C) making recommendations for continuing funding and the
appropriate levels for such funding.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. ACCESS TO INTERSTATE IDENTIFICATION INDEX.
(a) In General.--Notwithstanding any other provision of
law, the Attorney General shall ensure access to the
Interstate Identification Index (established under the
National Crime Prevention and Privacy Compact (42 U.S.C.
14616)) by---
(1) the National Center for Missing and Exploited Children,
to be used only within the scope of the Center's duties and
responsibilities under Federal law to assist or support law
enforcement agencies in administration of criminal justice
functions; and
(2) governmental social service agencies with child
protection responsibilities, to be used by such agencies only
in investigating or responding to reports of child abuse,
neglect, or exploitation.
(b) Conditions of Access.--The access provided under this
section, and associated rules of dissemination, shall be--
(1) defined by the Attorney General; and
(2) limited to personnel of the Center or such agencies
that have met all requirements set by the Attorney General,
including training, certification, and background screening.
(c) Limitation on Liability.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the National Center for Missing and Exploited Children,
including any of its directors, officers, employees, or
agents, is not liable in any civil action sounding in tort
for damages related to its access to the Interstate
Identification Index.
(2) Intentional, reckless, or other misconduct.--Paragraph
(1) does not apply in an action in which a party proves that
the National Center for Missing and Exploited Children, or
its officer, employee, or agent as the case may be, engaged
in intentional misconduct or acted, or failed to act, with
actual malice, with reckless disregard of a substantial risk
of causing injury without legal justification, or for a
purpose unrelated to its performance of activities or
responsibilities under Federal law.
(3) Ordinary business activities.--Paragraph (1) does not
apply to an act or omission related to an ordinary business
activity, such as an activity involving general
administration or operations, the use of motor vehicles, or
personnel management.
SEC. 502. LIMITATION ON LIABILITY FOR NCMEC.
Section 227 of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13032) is amended by adding at the end the following:
``(g) Limitation on Liability.--
``(1) In general.--Except as provided in subparagraphs (2)
and (3), the National Center for Missing and Exploited
Children, including any of its directors, officers,
employees, or agents, shall not be liable in any civil or
criminal action for the performance of its CyberTipline
responsibilities and functions as defined by section 227 of
the Victims of Child Abuse Act of 1990 (42 U.S.C. 13032) and
section 404 of the Missing Children's Assistance Act (42
U.S.C. 5773), or for its efforts to identify child victims.
``(2) Exception for intentional, reckless, or other
misconduct.--The limitation on liability under subparagraph
(1) shall not apply in any action in which a plaintiff or
prosecutor proves that the National Center for Missing and
Exploited Children or its officers, employees, or agents
described in subparagraph (1), as the case may be, engaged in
intentional misconduct or acted, or failed to act, with
actual malice, with reckless disregard to a substantial risk
of causing injury without legal justification, or for a
purpose unrelated to the performance of responsibilities or
functions under section 227 of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13032) and section 404 of the Missing
Children's Assistance Act (42 U.S.C. 5773), or for its
efforts to identify child victims.
``(3) Exception for ordinary business activities.--The
limitation on liability under paragraph (1) shall not apply
to any alleged act or omission related to an ordinary
business activity, such as an activity involving general
administration or operations, the use of motor vehicles, or
personnel management.''.
SEC. 503. MISSING CHILD REPORTING REQUIREMENTS.
(a) In General.--Section 3702 of the Crime Control Act of
1990 (42 U.S.C. 5780) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(2) by inserting after paragraph (1) the following:
``(2) ensure that no law enforcement agency within the
State establishes or maintains any policy that requires the
removal of a missing person entry from its State law
enforcement system or the National Crime Information Center
computer database based solely on the age of the person;'';
and
(3) in paragraph (3), as redesignated, by striking
``immediately'' and inserting ``within 2 hours of receipt''.
(b) Definitions.--Section 403(1) of the Comprehensive Crime
Control Act of 1984 (42 U.S.C. 5772) is amended by striking
``if'' through subparagraph (B) and inserting a semicolon.
SEC. 504. TREATMENT AND MANAGEMENT OF SEX OFFENDERS IN THE
BUREAU OF PRISONS.
Section 3621 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(f) Sex Offender Management.--
``(1) In general.--The Bureau of Prisons shall make
available appropriate treatment to sex offenders who are in
need of and suitable for treatment, as follows:
``(A) Sex offender management programs.--The Bureau of
Prisons shall establish non-residential sex offender
management programs to provide appropriate treatment,
monitoring, and supervision of sex offenders and to provide
aftercare during prerelease custody.
``(B) Residential sex offender treatment programs.--The
Bureau of Prisons shall establish residential sex offender
treatment programs to provide treatment to sex offenders who
volunteer for such programs and are deemed by the Bureau of
Prisons to be in need of and suitable for residential
treatment.
``(2) Regions.--At least 1 sex offender management program
under paragraph (1)(A), and at least 1 residential sex
offender treatment program under paragraph (1)(B), shall be
established in each region within the Bureau of Prisons.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to the Bureau of Prisons for
each fiscal year such sums as may be necessary to carry out
this subsection.''.
SEC. 505. AUTHORIZATION FOR AMERICAN PROSECUTORS RESEARCH
INSTITUTE.
In addition to any other amounts authorized by law, there
are authorized to be appropriated for grants to the American
Prosecutors Research Institute under section 214A of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13003)
$7,500,000 for each of fiscal years 2006 through 2010.
SEC. 506. SEX OFFENDER APPREHENSION GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended by adding at the end the following:
``PART II--SEX OFFENDER APPREHENSION GRANTS
``SEC. 2992. AUTHORITY TO MAKE SEX OFFENDER APPREHENSION
GRANTS.
``(a) In General.--From amounts made available to carry out
this part, the Attorney General may make grants to States,
units of local government, Indian tribes, other public and
private entities, and multi-jurisdictional or regional
consortia thereof for activities specified in subsection (b).
``(b) Covered Activities.--An activity referred to in
subsection (a) is any program, project, or other activity to
assist a State in enforcing sex offender registration
requirements.''.
SEC. 507. ACCESS TO FEDERAL CRIME INFORMATION DATABASES BY
EDUCATIONAL AGENCIES FOR CERTAIN PURPOSES.
(a) In General.--The Attorney General shall, upon request
of the chief executive of a State, conduct fingerprint-based
checks of the national crime information databases (as
defined in section 534(e)(3)(A) of title 28, United States
Code), pursuant to a request submitted by a local educational
agency or a State educational agency in that State, on
individuals under consideration for employment by the agency
in a position in which the individual would work with or
around children. Where possible, the check shall include a
fingerprint-based check of State criminal history databases.
The Attorney General and the States may charge any applicable
fees for these checks.
(b) Protection of Information.--An individual having
information derived as a result of a check under subsection
(a) may release that information only to an appropriate
officer of a local educational agency or State educational
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agency, or to another person authorized by law to receive
that information.
(c) Criminal Penalties.--An individual who knowingly
exceeds the authority of subsection (a), or knowingly
releases information in violation of subsection (b), shall be
imprisoned not more than 10 years or fined under title 18,
United States Code, or both.
(d) Definition.--In this section, the terms ``local
educational agency'' and ``State educational agency'' have
the meanings given to those terms in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
SEC. 508. GRANTS TO COMBAT SEXUAL ABUSE OF CHILDREN.
(a) In General.--The Bureau of Justice Assistance is
authorized to make grants under this section to--
(1) each law enforcement agency that serves a jurisdiction
with 50,000 or more residents; and
(2) each law enforcement agency that serves a jurisdiction
with fewer than 50,000 residents, upon a showing of need.
(b) Use of Grant Amounts.--Grants under this section may be
used by the law enforcement agency to--
(1) hire additional law enforcement personnel, or train
existing staff, to combat the sexual abuse of children
through community education and outreach, investigation of
complaints, enforcement of laws relating to sex offender
registries, and management of released sex offenders;
(2) investigate the use of the Internet to facilitate the
sexual abuse of children; and
(3) purchase computer hardware and software necessary to
investigate sexual abuse of children over the Internet,
access local, State, and Federal databases needed to
apprehend sex offenders, and facilitate the creation and
enforcement of sex offender registries.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for fiscal
years 2006 through 2008 to carry out this section.
SEC. 509. SEVERABILITY.
If any provisions of this Act, any amendment made by this
Act, or the application of such provisions or amendment to
any person or circumstance is held to be unconstitutional,
the remainder of the provisions of this Act, the amendments
made by this Act, and the application of such provisions or
amendments to any person or circumstance shall not be
affected.
SEC. 510. FAILURE TO PROVIDE INFORMATION A DEPORTABLE
OFFENSE.
Section 237(a)(2)(A) of the Immigration and Nationality Act
(8 U.S.C. 1227(a)(2)(A)) is amended--
(1) by redesignating clause (v) as clause (vi); and
(2) by inserting after clause (iv) the following new
clause:
``(v) Failure to provide registration information as a sex
offender.--Any alien who is convicted under subsection (d) of
section 103 of the Sex Offender Registration and Notification
Act of a violation of subsection (a) or (b) of such section
is deportable.''.
SEC. 511. REPEAL.
Sections 170101 and 170102 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14071, 14072) are
repealed.
SEC. 512. CONFORMING AMENDMENTS TO TITLE 18, UNITED STATES
CODE.
Title 18 of the United States Code is amended--
(1) in sections 3563(a)(8) and 3583(d) by striking ``and
that the person register in any State where the person
resides, is employed, carries on a vocation, or is a student
(as such terms are defined under section 170101(a)(3) of the
Violent Crime Control and Law Enforcement Act of 1994)'' and
inserting ``and that the person comply with the Sex Offender
Registration and Notification Act'';
(2) in section 4042(c)(3) by striking ``shall be subject''
and all that follows through ``1994)'' and inserting ``must
comply with the Sex Offender Registration and Notification
Act''; and
(3) in section 4209(a) by striking ``register in any
State'' and all that follows through ``1994)'' and inserting
``comply with the Sex Offender Registration and Notification
Act.''.
TITLE VI--COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES
SEC. 601. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES.
(a) Definition.--In this section, the term ``sexual
offender'' means an offender 18 years of age or older who
commits a sexual offense against a minor.
(b) In General.--The National Institute of Justice shall
conduct a comprehensive study to examine the control,
prosecution, treatment, and monitoring of sex offenders, with
a particular focus on--
(1) the effectiveness of State, tribal, and local responses
to the requirements of this Act, including the effectiveness
of particular jurisdictions as compared to others;
(2) compliance by sex offenders with the registration
requirements of this Act;
(3) how this Act has affected the number of reported sex
crimes against children;
(4) how this Act has affected the number of prosecutions
and convictions of sex crimes against children;
(5) the utility of the National Sex Offender Public
Registry to the public;
(6) the costs to States, tribes, and local entities of
compliance with this Act and the relative costs and benefits
of approaches undertaken by different jurisdictions;
(7) the effectiveness of treatment programs in reducing
recidivism among sex offenders;
(8) the potential benefits to Federal, State, and local law
enforcement agencies of access to taxpayer information
pertaining to sexual offenders and the privacy implications
to those individuals and others; and
(9) the potential benefits to Federal, State, and local law
enforcement agencies of access to Social Security information
pertaining to sexual offenders and the privacy implications
to those individuals and others.
(c) Recommendations.--The study described in subsection (b)
shall include recommendations for reducing the number of sex
crimes against children and increasing the rates of
compliance with registration requirements.
(d) Reports.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the National Institute of Justice
shall report the results of the study conducted under
subsection (b) together with findings to Congress, through
the Internet to the public, to each of the 50 governors, to
the Mayor of the District of Columbia, to territory heads,
and to the top official of the various Indian Tribes.
(2) Interim reports.--The National Institute of Justice
shall submit yearly interim reports.
(e) Appropriations.--There are authorized to be
appropriated $3,000,000 to carry out this section.
Mr. FRIST. I ask unanimous consent the committee-reported amendment
be agreed to, the bill as amended be read a third time and passed, the
motion to reconsider be laid upon the table and any statements be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute was agreed to.
The bill (S. 1086), as amended, was read the third time, and passed.
Mr. FRIST. Mr. President, S. 1086, which we just passed, is the Sex
Offender Registration and Notification Act. I do want to take a few
moments to comment because this is an important piece of legislation.
The House has passed companion legislation already in the past, but the
fact that we have passed this bill tonight means we will dramatically
impact the lives of hundreds, indeed thousands, of victims and
potential victims of sexual predators.
This has been remarkable to me. I followed a Dateline series, ``To
Catch A Predator,'' over the last several weeks and months, but it was
2 nights ago that my legislative director and my counsel e-mailed me,
or BlackBerried me, at 9 o'clock at night and said that in a few
minutes another episode of ``To Catch A Predator'' is coming on and I
turned it on. Once again I saw the devastation that occurs today, which
cannot be totally prevented but we know can be prevented by arming the
American people with the tools that can help catch these predators and,
once they are caught, making sure they are kept away from children,
that children are kept out of their reach. I think we have all been
moved by this excellent investigative type of reporting that has
demonstrated, in shocking terms, today how vulnerable our children are
to sexual predators, much of that originating and facilitated by the
use of the Internet, at times when our children simply do not have that
supervision there, minute by minute. The sexual predators reach into
their lives, taking advantage of them, as vulnerable as they might be,
and then literally ruining their lives.
This evening I am proud of what we have done. This body passed the
Sex Offender Registry and Notification Act. It has been a long time.
Several weeks ago on the floor I tried to get unanimous consent from
the other side to agree to go to the bill unattached to other types of
amendments unrelated to the registry itself, unrelated to these sexual
predators. There was objection. We have been able to overcome, in the
best spirit of this body, working together, those objections and pass
this bill.
Among its many provisions--let me comment on three--it creates a
National Sex Offender Registry that is accessible on the Internet and
searchable by ZIP Code. For the first time you will be able to go on
the Internet or have somebody in your family go on the Internet, put in
a ZIP Code or surrounding ZIP Code, and you will know whether any sex
offenders who might be in your neighborhood are actually in your
neighborhood. For the first time you will be able to be armed with that
information.
Second, it requires convicted sex offenders to register, including
child predators who use the Internet to commit a crime against a minor.
That registration is required. If you have been into the legal system
and you have been labeled, appropriately so, a sex offender, you are
going to go into this registry.
[[Page S4090]]
Third, it toughens criminal penalties for violent crimes against
children under 12 years of age.
Just by creating a national registry we are going to make it easier
for law enforcement to act on that tip and to identify and intercept
sex offenders before they can commit those repeat crimes and victimize
more children.
From the episode I saw two nights ago it was very apparent that one
of the criminals--maybe it was more, but the second one I saw--was
somebody who had been convicted before and was just about ready to go
to jail but, once again, in that period before going to jail slipped
out to commit another crime.
Currently, there are over 100,000 missing sex offenders who have
failed to register under current State laws. This bill will enhance the
penalty for failure to register from a Federal misdemeanor to a Federal
felony. I am proud the Senate is acting to protect our Nation's most
valuable resource--our children.
I close by thanking those people who are recognizable in the sense
that they have been fighting for this legislation for such a long time;
namely, our distinguished colleague from Utah, Senator Orrin Hatch,
whose bill this is, who has been on the issue, has helped educate all
of us on both sides of the aisle, who has fought for this piece of
legislation, who has encouraged me to keep fighting for this
legislation in spite of others' attempts to attach unrelated
amendments, and indeed because of his persistence, again, thousands of
young kids will be safer in the future.
Also, there is someone I have gotten to know personally, but the
American people know in large part because of his very effective voice
on television, and that is John Walsh. John Walsh, who runs the
National Center for Missing and Exploited Children, is commenting
constantly and staying on this issue, having suffered a real tragedy
with his own child in the past.
On ``Dateline NBC,'' the producer, who has done a tremendous job,
Chris Hansen, has been the face and voice in heading this show, ``To
Catch a Predator.''
The list could go on and on, but I know we have to keep moving on
with tonight's business. This is such a huge success for the American
people and for families. I appreciate my colleagues coming together to
pass this bill.
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