[Federal Register Volume 64, Number 30 (Tuesday, February 16, 1999)]
[Proposed Rules]
[Pages 7562-7564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3613]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 25

[A.G. Order No. 2206-99]
RIN 1105-AA56


Regulations Under the Pam Lychner Sexual Offender Tracking and 
Identification Act of 1996, as Amended

AGENCY: Office of the Attorney General, Department of Justice.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The United States Department of Justice is publishing proposed 
regulations to implement the Pam Lychner Sexual Offender Tracking and 
Identification Act of 1996, as amended. The proposed regulations 
describe the operation of the National Sex Offender Registry and set 
forth notification requirements to be followed by registered sex 
offenders who move to another state.

DATES: Submit comments on or before April 19, 1999.

ADDRESSES: Send comments to the Unit Chief, Office of Crimes Against 
Children, Federal Bureau of Investigation, 935 Pennsylvania Avenue, 
N.W., Room 4127, Washington, DC 20535.

FOR FURTHER INFORMATION CONTACT: Venetia Sims, Criminal Justice 
Information Systems Division, Federal Bureau of Investigation, 1000 
Custer Hollow Road, Clarksburg, West Virginia, 26306.

SUPPLEMENTARY INFORMATION: The proposed regulations address two topics: 
(1) The operation of the National Sex Offender Registry (``NSOR'') 
established by the Federal Bureau of Investigation (``FBI'') in 
accordance with Pam Lychner Sexual Offender Tracking and Identification 
Act of 1996, Pub. L. 104-236, 110 Stat. 3093, as amended (the ``Pam 
Lychner Act'' or the ``Act''); and (2) the action required of 
registered sex offenders who move to another state. With respect to the 
NSOR, the regulations describe how the interim and permanent registries 
will operate and what action can be taken by states to notify the FBI 
and update the NSOR if a convicted sex offender fails to comply with 
his or her state registration obligations. With respect to offenders 
who move interstate, the regulations notify such offenders that they 
should contact the local FBI office in their new state of residence so 
that the FBI can take the steps necessary to ensure that the new state 
of residence has also been

[[Page 7563]]

informed of the move and that the offender is included in the NSOR.
    In a recent amendment, the Pam Lychner Act was modified so that 
states have additional time to establish ``minimally sufficient'' sex 
offender registration programs. As a result, the proposed regulations 
do not address FBI registration of sex offenders in states that do not 
have minimally sufficient programs.
    The proposed regulations also do not address the Pam Lychner Act's 
amendments to prior legislation, the Jacob Wetterling Crimes Against 
Children and Sexually Violent Offender Registration Act, Pub. L. 103-
322, Sec. 170101, 108 Stat. 1796, 2038 (codified at 42 U.S.C. 14071) 
(the ``Jacob Wetterling Act''), which sets standards for state sex 
offender registration programs. On January 5, 1999, the Department 
published guidelines for the Jacob Wetterling Act (see 64 FR 572), that 
take those amendments into account.

Statutory Authority

    The proposed regulations fulfill a statutory directive to the 
Attorney General in section 9 of the Pam Lychner Act to issue 
regulations to carry out the Act and the amendments made by the Act. 
The Pam Lychner Act amended subtitle A of title XVII of the Violent 
Crime Control and Law Enforcement Act of 1994 to add a new section, 
codified at 42 U.S.C. 14072. Since its enactment, the Pam Lychner Act 
has itself been amended, by section 115 of the General Provisions of 
Title I of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1998, Pub. L. 105-
119, 111 Stat. 2440 (the ``CJSA''). These proposed regulations relate 
to the amended provisions of the Pam Lychner Act that are now in 
effect.

Executive Order 12866

    The proposed regulations have been drafted and reviewed in 
accordance with Executive Order 12866. The Department of Justice has 
determined that the proposed regulations do not constitute a 
``significant regulatory action'' under section 3(f) of Executive Order 
12866, Regulatory Planning and Review, and accordingly the proposed 
regulations have not been reviewed by the Office of Management and 
Budget.

Executive Order 12612

    The proposed regulations will not have substantial direct effect on 
states, on the relationship between the national government and the 
states, or on distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that these rules do not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act, 5 U.S.C. 605(b), has reviewed these proposed regulations and by 
approving them certifies that the regulations will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. The proposed regulations primarily address 
the operation of the NSOR established by the FBI. Recent amendments to 
the Jacob Wetterling Act in section 115 of the CJSA condition the 
receipt of certain federal funds on a state's participation in the 
NSOR. In order to impose the least financial burden on participating 
states, the FBI allows them to provide data for the NSOR in three ways: 
(1) By making a computer entry on the existing Interstate 
Identification Index (``III''); (2) by submitting a computer tape to 
the FBI; or (3) by submitting a written form containing all the 
necessary registration information. In addition, in order to facilitate 
broad participation in the NSOR, the FBI permits--but does not 
require--authorized local government agencies to enter, delete, and 
modify information in the registry using the III, as long as the state 
has implemented the necessary programming changes. This option allows 
those small government entities that provide data to the NSOR to do so 
in the most cost-effective manner possible.

Unfunded Mandates Reform Act of 1995

    As noted, recent amendments in the CJSA to the Jacob Wetterling Act 
make state participation in the NSOR a condition of receipt of certain 
federal funds. As a result, these regulations do not impose a ``federal 
mandate'' within the meaning of the Unfunded Mandates Reform Act of 
1995. Moreover, these regulations will not result in the expenditure by 
state, local, and tribal governments, in the aggregate, or by the 
private sector, of $100,000,000 or more in any one year, and will not 
significantly or uniquely affect small governments. Therefore, no 
actions were deemed necessary under the provisions of the Unfunded 
Mandate Reform Act.

Small Business Regulatory Enforcement Fairness Act of 1996

    These regulations do not qualify as a major role as defined by the 
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
804. The regulations will not result in an annual effect on the economy 
of $100,000,000 or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

Amendments to the Pam Lychner Act

    Under the Pam Lychner Act, the FBI is required to register sex 
offenders who reside in states that have not established ``minimally 
sufficient'' sex offender registration systems. The CJSA amended the 
criteria that state registration programs must satisfy in order to 
qualify as minimally sufficient and extended the time period for states 
to establish such programs. As assessment of minimal sufficiency to 
determine in which states the FBI must directly register sex offenders 
will be made by the extended date for establishing a minimally 
sufficient program provided under the CJSA, October 3, 1999.

Amendments to the Jacob Wetterling Act

    The Pam Lychner's Act amendments to the Jacob Wetterling Act, which 
set standards for state sex offender registration programs, are not 
addressed in these regulations. The Department of Justice has published 
guidelines under the Jacob Wetterling Act, see 64 FR 572, that take 
account of the Pam Lychner Act's changes and subsequent amendments.

List of Subjects in Part 25

    Crime, Law enforcement.

Proposed Regulations

    For the reasons stated in the preamble, the Department of Justice 
proposes to amend 28 CFR by adding part 25, subpart B, to read as 
follows:

PART 25--DEPARTMENT OF JUSTICE INFORMATION SYSTEMS

Subpart B--The National Sex Offender Registry

Sec.
25.200  The interim sex offender registry.
25.201  The permanent sex offender registry.
25.202  Release of information from the National Sex Offender 
Registry.
25.203  Non-compliant offenders.
25.204  Notice of an offender's move to another state.

[[Page 7564]]

Subpart B--The National Sex Offender Registry

    Authority: 42 U.S.C. 14072; Pub. L. 104-236, 110 State. 3093; 
Pub. L. 105-119, sec. 115, 111 Stat. 2440, 2461.


Sec. 25.200  The interim sex offender registry.

    (a) The Pam Lychner Act, 42 U.S.C. 14072(b), requires the Attorney 
General to establish a national database at the FBI to track the 
whereabouts and movement of:
    (1) Each person who has been convicted of a criminal offense 
against a victim who is a minor, as defined in 42 U.S.C. 
14071(a)(3)(A);
    (2) Each person who has been convicted of a sexually violent 
offense, as defined in 42 U.S.C. 14071(a)(3)(B); and
    (3) Each person who is a sexually violent predator, as defined in 
42 U.S.C. 14071(a)(3)(C).
    (b) In accordance with section 2 of the Pam Lychner Act, the 
Federal Bureau of Investigation (``FBI'') has established an interim 
National Sex Offender Registry (the ``Interim Registry'') in the 
Fingerprint Identification Records System (``FIRS'').
    (c) The Interim Registry functions as a ``pointer'' system, 
indicating on an individual's FBI Identification Record the fact that 
the individual is a registered sex offender and the name and location 
of the state agency that maintains the offender's registration 
information.
    (d) States may participate in the Interim Registry by submitting 
the following information to the FBI pertaining to individuals who are 
registered in state sex offender registries: the name under which the 
person is registered; the registering agency's name and location; the 
date of registration; and the date registration expires. A notice 
indicating that an individual is a registered sex offender and listing 
the information described in this paragraph will be included on the 
individual's FBI Identification Record. In order to obtain more 
detailed information regarding a particular offender, an inquiring 
agency must contact the registering agency indicated on the FBI 
Identification Record.


Sec. 25.201  The permanent sex offender registry.

    (a) The FBI is in the process of modifying and improving its 
National Crime Information Center (``NCIC'') to establish a new crime 
information system that will be known as ``NCIC 2000.'' NCIC 2000, 
which is expected to go online in mid-1999, will include a Convicted 
Sexual Offender Registry File that will serve as the permanent National 
Sex Offender Registry (the ``Permanent Registry'').
    (b) In the Permanent Registry, sex offender registration 
information will be entered directly, via the NCIC Convicted Sexual 
Offender Registry File by federal, state, and local law enforcement 
agencies, and will include such information as the offender's name, 
address, and details regarding the conviction resulting in 
registration. This detailed information will be available to authorized 
agencies via the NCIC. The sex offender registration information will 
also be automatically posted to the individual's FBI Identification 
Record.


Sec. 25.202  Release of information from the National Sex Offender 
Registry.

    (a) The Pam Lychner Act, 42 U.S.C. 14072(j), requires the FBI to 
release the information contained in the National Sex Offender Registry 
to:
    (1) Federal, state, and local criminal justice agencies for law 
enforcement purposes and community notification; and
    (2) Federal, state, and local governmental agencies responsible for 
conducting employment-related background checks under the National 
Child Protection Act, 42 U.S.C. 5119a.
    (b) Both the Interim and Permanent Registries are available for 
these purposes.


Sec. 25.203  Non-compliant offenders.

    (a) The Pam Lychner Act, 42 U.S.C. 14072(g)(5), provides for state 
notification to the FBI if a state cannot verify the address of or 
locate a person required to register with the state's registration 
program. The Act further provides that once the FBI receives such a 
notification, the FBI shall classify the offender as being in violation 
of the requirements of the National Sex Offender Registry and add a 
Wanted Person record to the NCIC Wanted Person File, provided that an 
arrest warrant meeting the requirements for entry into that File is 
issued in connection with the violation.
    (b) The purpose of the requirement that states notify the FBI of 
non-compliant offenders is to permit the FBI to indicate on the 
national system that a sex offender is not complying with his or her 
registration obligations. States can comply with the notice requirement 
by obtaining an arrest warrant for non-compliant offenders and entering 
records for such offenders into the Wanted Person File, as described in 
paragraph (c) of this section. Upon entry of a wanted person record on 
the Wanted Person File, that fact will automatically be indicated on 
the offender's FBI Identification Record and will be accessible on a 
search of the National Sex Offender Registry.
    (c) Under existing FBI procedures, state and local law enforcement 
authorities add records of fugitives to the NCIC Wanted Person File 
upon issuance of a state or local arrest warrant. The FBI will continue 
to follow those same procedures with respect to registered sex 
offenders. Accordingly, if an offender fails to comply with a state 
registration program requirement, state or local authorities should, if 
appropriate, seek an arrest warrant for that offender and then add a 
record for the offender to the NCIC Wanted Person File.


Sec. 25.204  Notice of an offender's move to another state.

    The Pam Lychner Act, 42 U.S.C. 14072(g), requires an offender who 
moves to a different state to notify both the FBI and the new state of 
residence so that his or her registration information may be included 
in the appropriate state and federal databases. No later than 10 days 
after the offender establishes a new residence, the offender should 
contact the local FBI office in his or her new state of residence. Once 
notified by an offender that he or she has moved to another state, the 
FBI will take the steps necessary to ensure that the offender's new 
state of residence has also been notified.

    Dated: February 9, 1999.
Janet Reno,
Attorney General.
[FR Doc. 99-3613 Filed 2-12-99; 8:45 am]
BILLING CODE 4410-19-M