Pam Lychner Sexual Offender Tracking and Identification Act of 1996

Summary: Pam Lychner Sexual Offender Tracking and Identification Act of 1996 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct the Attorney General to establish a national database at the Federal Bureau of Investigation (FBI) to track the whereabouts and movement of each person who:  (1) has been convicted of a criminal offense against a minor or a sexually violent offense; or (2) is a sexually violent predator. Requires each such person who resides in a State that has not established a minimally sufficient sexual offender registration program to register a current address, fingerprints, and a current photograph with the FBI for inclusion in such database, except during ensuing periods of incarceration:  (1) until ten years after the date on which the person was released from prison or placed on parole, supervised release, or probation; or (2) for the life of the person if that person has two or more convictions for any such offense, has been convicted of aggravated sexual abuse under Federal law or comparable State law, or has been determined to be a sexually violent predator. Sets forth provisions regarding:  (1) verification procedures; and (2) notification of the FBI of changes in residence. Authorizes the FBI to release relevant information concerning a person required to register that is necessary to protect the public, but prohibits the FBI from releasing the identity of any victim of an offense that requires registration. Requires fingerprints to be obtained and verified:  (1) by the FBI or a local law enforcement official, pursuant to regulations issued by the Attorney General, for each person required to register; and (2) in accordance with State requirements in a State that has a minimally sufficient sexual offender registration program (minimally sufficient program). Directs the FBI, if it cannot verify the address of or locate a person required to register, or if it receives notification from a State that the State cannot do so under its program, to:  (1) classify the person as being in violation of the registration requirements of the national database; and (2) add the name of the person to the National Crime Information Center Wanted person file and create a wanted persons record, provided that an arrest warrant which meets the requirements for entry into the file is issued in connection with the violation. Sets forth penalties for knowingly failing to register. Requires disclosure of the information collected by the FBI to: (1) Federal, State, and local criminal justice agencies for law enforcement and community notification purposes; and (2) Federal, State, and local governmental agencies responsible for conducting employment-related background checks for private organizations under the National Child Protection Act. Requires any State not having established a minimally sufficient program:  (1) to notify each offender convicted of covered offenses, upon his or her release from prison or placement on parole, supervised release, or probation, of his or her duty to register; and (2) to notify the FBI of the release of each offender convicted of such offenses. (Sec. 3) Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to:  (1) mandate that a person required to register continue to comply with requirements of such Act (except during ensuing periods of incarceration) for life if such individual has one or more prior convictions of a sexually violent offense against a minor (sexually violent offense), has been convicted of an aggravated sexually violent offense, or has been determined to be a sexually violent predator; (2) include victim rights advocates and representatives from law enforcement agencies on the State board that reports to the court regarding determinations that a person is or is no longer a sexually violent predator; (3) provide that each requirement to register also requires the submission of a set of fingerprints; and (4) require such person to include with the verification form fingerprints and a photograph. (Sec. 7) Requires the State law enforcement agency to immediately transmit specified information, including documentation of any treatment received for mental abnormality or personality disorder (currently, limited to conviction data and fingerprints) to the FBI for inclusion in the FBI database. (Sec. 8) Grants State and Federal law enforcement agencies and their employees and State and Federal officials immunity from liability for good faith conduct under this Act. (Sec. 10) Makes States failing to implement the program described in this Act ineligible to receive ten percent of the funds that would otherwise be allocated to the State under the drug control and system improvement grant program.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sexual Offender Tracking and 
Identification Act of 1996''.

SEC. 2. OFFENDER REGISTRATION.

    (a) Establishment of FBI Database.--Subtitle A of title XVII of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) 
is amended by adding at the end the following new section:

``SEC. 170102. FBI DATABASE.

    ``(a) Definitions.--For purposes of this section--
            ``(1) the term `FBI' means the Federal Bureau of 
        Investigation;
            ``(2) the terms `criminal offense against a victim who is a 
        minor', `sexually violent offense', `sexually violent 
        predator', `mental abnormality', and `predatory' have the same 
        meanings as in section 170101(a)(3); and
            ``(3) the term `minimally sufficient sexual offender 
        registration program' means any State sexual offender 
        registration program that--
                    ``(A) requires the registration of each offender 
                who is convicted of an offense described in 
                subparagraph (A) or (B) of section 170101(a)(1);
                    ``(B) requires that all information gathered under 
                such program be transmitted to the FBI in accordance 
                with subsection (g) of this section;
                    ``(C) meets the requirements for verification under 
                section 170101(b)(3); and
                    ``(D) requires that each person who is required to 
                register under subparagraph (A) shall do so for a 
                period of not less than 10 years beginning on the date 
                that such person was released from prison or placed on 
                parole, supervised release, or probation.
    ``(b) Establishment.--The Attorney General shall establish a 
national database at the Federal Bureau of Investigation to track the 
whereabouts and movement of--
            ``(1) each person who has been convicted of a criminal 
        offense against a victim who is a minor;
            ``(2) each person who has been convicted of a sexually 
        violent offense; and
            ``(3) each person who is a sexually violent predator.
    ``(c) Registration Requirement.--Each person described in 
subsection (b) who resides in a State that has not established a 
minimally sufficient sexual offender registration program shall 
register a current address, a set of fingerprints of that person, and a 
current photograph of that person with the FBI for inclusion in the 
database established under subsection (b) for the time period specified 
under subsection (d).
    ``(d) Length of Registration.--A person described in subsection (b) 
who is required to register under subsection (c) shall continue to 
comply with this section--
            ``(1) until 10 years after the date on which the person was 
        released from prison or placed on parole, supervised release, 
        or probation; or
            ``(2) for the life of the person, if that person--
                    ``(A) has 2 or more convictions for an offense 
                described in subsection (b);
                    ``(B) has been convicted of aggravated sexual 
                abuse, as defined in section 2241 of title 18, United 
                States Code, or in a comparable provision of State law; 
                or
                    ``(C) has been determined to be a sexually violent 
                predator.
    ``(e) Verification.--
            ``(1) Persons convicted of an offense against a minor or a 
        sexually violent offense.--In the case of a person required to 
        register under subsection (c), on each anniversary of the 
        initial registration date during the period in which the person 
        is required to register under subsection (d)--
                    ``(A) the FBI shall mail a nonforwardable 
                verification form to the last reported address of the 
                person;
                    ``(B) the verification form shall be signed by the 
                person, and state whether the person still resides at 
                the address last reported to the FBI; and
                    ``(C) the person shall mail the verification form, 
                along with a set of fingerprints and a current 
                photograph of that person, to the FBI not later than 10 
                days after receipt of the form.
            ``(2) Sexually violent predators.--Paragraph (1) shall 
        apply to a person described in subsection (b)(3), except that 
        such person must verify the registration once every 90 days 
        after the date of the initial release or commencement of parole 
        of that person.
    ``(f) Community Notification.--
            ``(1) In general.--Subject to paragraph (2), the FBI may 
        release relevant information concerning a person required to 
        register under subsection (c) that is necessary to protect the 
        public.
            ``(2) Identity of victim.--In no case shall the FBI release 
        the identity of any victim of an offense that requires 
        registration by the offender with the FBI.
    ``(g) Notification of FBI of Changes in Residence.--
            ``(1) Establishment of new residence.--For purposes of this 
        section, a person shall be deemed to have established a new 
        residence during any period in which that person resides for 
        not less than 10 days.
            ``(2) Persons required to register with the fbi.--Each 
        change of address by a person required to register under 
        subsection (c) shall be reported to the FBI not later than 10 
        days after that person establishes a new residence.
            ``(3) Interstate movement.--A person required to register 
        under subsection (c) or under a minimally sufficient offender 
        registration program, including a program established under 
        section 170101, who changes address to a State other than the 
        State in which the person resided at the time of the 
        immediately preceding registration shall, not later than 10 
        days after that person establishes a new residence, register a 
        current address, set of fingerprints, and photograph of that 
        person, for inclusion in the appropriate database, with--
                    ``(A) the FBI; and
                    ``(B) the State in which the new residence is 
                established.
            ``(4) Intrastate movement.--Any time any State agency in a 
        State with a minimally sufficient sexual offender registration 
        program, including a program established under section 170101, 
        is notified of a change of address by a person required to 
        register under such program within or outside of such State, 
        the State shall notify--
                    ``(A) the law enforcement officials of the 
                jurisdiction to which, and the jurisdiction from which, 
                the person has relocated; and
                    ``(B) the FBI.
            ``(5) Verification.--
                    ``(A) Notification of local law enforcement 
                officials.--The FBI shall ensure that State and local 
                law enforcement officials of the jurisdiction from 
                which, and the State and local law enforcement 
                officials of the jurisdiction to which, a person 
                required to register under subsection (c) relocates are 
                notified of the new residence of such person.
                    ``(B) Notification of fbi.--A State agency 
                receiving notification under this subsection shall 
                notify the FBI of the new residence of the offender.
                    ``(C) Verification.--
                            ``(i) State agencies.--If a State agency 
                        cannot verify the address of or locate a person 
                        required to register with a minimally 
                        sufficient sexual offender registration 
                        program, including a program established under 
                        section 170101, the State shall immediately 
                        notify the FBI.
                            ``(ii) FBI.--If the FBI cannot verify the 
                        address of or locate a person required to 
                        register under subsection (c) or if the FBI 
                        receives notification from a State under clause 
                        (i), the FBI shall--
                                    ``(I) notify all States with a 
                                minimally sufficient sexual offender 
                                registration program, including a 
                                program established under section 
                                170101; and
                                    ``(II) add the name of the person 
                                to the Wanted Persons Index.
    ``(h) Fingerprints.--
            ``(1) In general.--
                    ``(A) FBI registration.--For each person required 
                to register under subsection (c), fingerprints shall be 
                obtained and verified by the FBI or a local law 
                enforcement official pursuant to regulations issued by 
                the Attorney General.
                    ``(B) State registration systems.--In a State that 
                has a minimally sufficient sexual offender registration 
                program, including a program established under section 
                170101, fingerprints required to be registered with the 
                FBI under this section shall be obtained and verified 
                in accordance with State requirements. The State agency 
                responsible for registration shall ensure that the 
                fingerprints and all other information required to be 
                registered is registered with the FBI.
            ``(2) Fees.--The FBI may collect fees pursuant to title II 
        of the Departments of Commerce, Justice, and State, the 
        Judiciary, and Related Agencies Appropriations Act, 1991, under 
        the heading `Federal Bureau of Investigation' under the 
        subheading `salaries and expenses' to offset the costs of 
        fingerprint verification carried out under subsection (j)(2).
    ``(i) Penalty.--A person required to register under paragraph (1), 
(2), or (3) of subsection (g) who knowingly fails to comply with this 
section shall--
            ``(1) in the case of a first offense--
                    ``(A) if the person has been convicted of 1 offense 
                described in subsection (b), be fined not more than 
                $100,000; or
                    ``(B) if the person has been convicted of more than 
                1 offense described in subsection (b), be imprisoned 
                for up to 1 year and fined not more than $100,000; or
            ``(2) in the case of a second or subsequent offense, be 
        imprisoned for up to 10 years and fined not more than $100,000.
    ``(j) Release of Information.--The information collected by the FBI 
under this section shall be disclosed by the FBI--
            ``(1) to Federal, State, and local criminal justice 
        agencies for--
                    ``(A) law enforcement purposes; and
                    ``(B) community notification in accordance with 
                section 170101(d)(3); and
            ``(2) to Federal, State, and local criminal justice 
        agencies conducting legitimate employment-related background 
        checks for private organizations under section 3 of the 
        National Child Protection Act of 1993 (42 U.S.C. 5119a).''.

SEC. 3. DURATION OF STATE REGISTRATION REQUIREMENT.

    Section 170101(b)(6) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071(b)(6)) is amended to read as 
follows:
            ``(6) Length of registration.--A person required to 
        register under subsection (a)(1) shall continue to comply with 
        this section until--
                    ``(A) 10 years have elapsed since the person was 
                released from prison or placed on parole, supervised 
                release, or probation; or
                    ``(B) for the life of that person if that person--
                            ``(i) has 1 or more prior convictions for 
                        an offense described in subsection (a)(1)(A); 
                        or
                            ``(ii) has been convicted of an aggravated 
                        offense described in subsection (a)(1)(A); or
                            ``(iii) has been determined to be a 
                        sexually violent predator pursuant to 
                        subsection (a)(2).''.

SEC. 4. STATE BOARDS.

    Section 170101(a)(2) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071(a)(2)) is amended by inserting 
before the period at the end the following: ``, victim rights 
advocates, and representatives from law enforcement agencies''.

SEC. 5. FINGERPRINTS.

    Section 170101 of the Violent Crime Control and Law Enforcement Act 
of 1994 (42 U.S.C. 14071) is amended by adding at the end the following 
new subsection:
    ``(g) Fingerprints.--Each requirement to register under this 
section shall be deemed to also require the submission of a set of 
fingerprints of the person required to register, obtained in accordance 
with regulations prescribed by the Attorney General under section 
170102(h).''.

SEC. 6. VERIFICATION.

    Section 170101(b)(3)(A)(iii) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071(b)(3)(A)(iii)) is amended by 
adding at the end the following: ``The person shall include with the 
verification form a set of fingerprints and a photograph of that 
person.''.

SEC. 7. REGULATIONS.

    Not later than 1 year after the date of enactment of this Act, the 
Attorney General shall issue regulations to carry out this Act and the 
amendments made by this Act.

SEC. 8. EFFECTIVE DATE.

    (a) In General.--This Act and the amendments made by this Act shall 
become effective 1 year after the date of enactment of this Act.
    (b) Compliance by States.--Each State shall implement the 
amendments made by sections 3, 4, 5, and 6 of this Act not later than 3 
years after the date of enactment of this Act, except that the Attorney 
General may grant an additional 2 years to a State that is making good 
faith efforts to implement such amendments.

SEC. 9. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.