[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

[[Page S4089]]

     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.

                          ____________________