109TH CONGRESS

2D SESSION S. 1086

AN ACT

To improve the national program to register and monitor

individuals who commit crimes against children or sex

offenses.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as—
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1 (1) the ‘‘Jacob Wetterling, Megan Nicole

2 Kanka, and Pam Lychner Sex Offender Registration

3 and Notification Grant Act’’;

4 (2) the ‘‘Sex Offender Registration and Notifi5 cation Act’’; or

6 (3) the ‘‘Jetseta Gage Prevention and Deter7 rence of Crimes Against Children Act of 2005’’.

8 (b) TABLE OF CONTENTS.—The table of contents for

9 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.
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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.

1 SEC. 2. EFFECTIVE DATE.

2 This Act and the amendments made by this Act take

3 effect on the date that is 6 months after the date of the

4 enactment of this Act.
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1 TITLE I—JACOB WETTERLING,

2 MEGAN NICOLE KANKA, AND

3 PAM LYCHNER SEX OF4 FENDER REGISTRATION AND

5 NOTIFICATION GRANT PRO6 GRAM

7 SEC. 101. JACOB WETTERLING, MEGAN NICOLE KANKA,

8 AND PAM LYCHNER SEX OFFENDER REG9 ISTRATION AND NOTIFICATION GRANT PRO10 GRAM.

11 The Attorney General shall establish guidelines for

12 States’ sex offender registration programs pursuant to

13 this title. Collectively, the guidelines and the programs

14 shall be known as the ‘‘Jacob Wetterling, Megan Nicole

15 Kanka, and Pam Lychner Sex Offender Registration and

16 Notification Program’’.

17 SEC. 102. DEFINITIONS.

18 In this title:

19 (1) COVERED INDIVIDUAL.—The term ‘‘covered

20 individual’’ means any adult or juvenile in a partici21 pating domicile State, participating work State, or

22 participating school State convicted as an adult—

23 (A) who has been convicted of a covered

24 offense against a minor;
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1 (B) who has been convicted of a sexually

2 violent offense;

3 (C) who has been convicted of an offense

4 described in paragraph (2);

5 (D) who has been convicted of an offense

6 under State law that is similar to the offenses

7 described in described in paragraph (2);

8 (E) who is described in section 4042(c)(4)

9 of title 18, United States Code, except for those

10 convicted of a violation of section 2257 or 2258

11 of title 18, United States Code; or

12 (F) who has been sentenced by a court

13 martial for conduct in a category specified by

14 the Secretary of Defense under section

15 115(a)(8)(C) of title I of Public Law 105–119

16 (10 U.S.C. 951 note).

17 (2) COVERED OFFENSE AGAINST A MINOR.—

18 (A) IN GENERAL.—Except as provided in

19 subparagraph (C), the term ‘‘covered offense

20 against a minor’’ means an offense (whether

21 under the law of a State, Federal law, or mili22 tary law) that is comparable to or more severe

23 than any of the following offenses:

24 (i) Kidnapping of a minor, except by

25 a parent or guardian of the minor, if sex-
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1 ual conduct toward the minor is proved be2 yond a reasonable doubt.

3 (ii) False imprisonment of a minor,

4 except by a parent or guardian of the

5 minor, if sexual conduct toward the minor

6 is proved beyond a reasonable doubt.

7 (iii) Criminal sexual conduct toward a

8 minor.

9 (iv) Solicitation of a minor to engage

10 in sexual conduct.

11 (v) Use of a minor in a sexual per12 formance.

13 (vi) Solicitation of a minor to practice

14 prostitution.

15 (vii) Possession, production, or dis16 tribution of child pornography, as de17 scribed in section 2251, 2252, or 2252A of

18 title 18, United States Code.

19 (viii) Use of the Internet to facilitate

20 or commit a covered offense against a

21 minor or to attempt to commit such an of22 fense against an agent of the government

23 who has been represented to be a minor.
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1 (ix) Video voyeurism as described in

2 section 1801 of title 18, United States

3 Code, when committed against a minor.

4 (x) An attempt or conspiracy to com5 mit any of the offenses listed in this defini6 tion.

7 (B) CONVICTIONS UNDER THE LAWS OF A

8 FOREIGN COUNTRY.—The term ‘‘covered of9 fense against a minor’’ includes convictions for

10 offenses specified in subparagraph (A) that

11 have been obtained under the laws of any for12 eign nation that has been certified by the Attor13 ney General, after notice and an opportunity for

14 a hearing, as having a sufficiently reliable

15 criminal justice system.

16 (C) EXCEPTION FOR CERTAIN OF17 FENSES.—The term ‘‘covered offense against a

18 minor’’ does not include an offense if the con19 duct on which the offense is based is criminal

20 only because of the age of the victim, and if in21 dividual had committed the offense either had

22 not attained the age of 18 years or was less

23 than 4 years older than the victim when the of24 fense was committed.
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1 (3) DOMICILE.—The term ‘‘domicile’’ means,

2 with respect to an individual, any place that serves

3 as the primary place at which the individual lives.

4 (4) DOMICILE STATE.—The term ‘‘domicile

5 State’’ means, with respect to an individual, the

6 State within the jurisdiction of which is the individ7 ual’s domicile.

8 (5) EDUCATIONAL INSTITUTION.—The term

9 ‘‘educational institution’’ includes (whether public or

10 private) any secondary school, trade or professional

11 institution, and institution of higher education.

12 (6) EMPLOYMENT.—The term ‘‘employment’’

13 includes carrying on a vocation and covers any labor

14 or service rendered (whether as a volunteer or for

15 compensation or for government or educational ben16 efit) on a full-time or part-time basis.

17 (7) MINOR.—The term ‘‘minor’’ means any per18 son who has not attained the age of 18 years or the

19 age of consent in the relevant jurisdiction, whichever

20 age is lower.

21 (8) NATIONAL SEX OFFENDER REGISTRY.—The

22 term ‘‘National Sex Offender Registry’’ means the

23 database maintained by the Attorney General pursu24 ant to section 105.
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1 (9) NATIONAL SEX OFFENDER PUBLIC REG2 ISTRY.—The term ‘‘National Sex Offender Public

3 Registry’’ means the Internet site maintained by the

4 Attorney General pursuant to section 202.

5 (10) PARTICIPATING STATE.—The term ‘‘par6 ticipating State’’ means a State participating in the

7 grant program authorized under this title.

8 (11) SCHOOL STATE.—The term ‘‘school State’’

9 means, with respect to an individual, the State with10 in the jurisdiction of which the educational institu11 tion at which the individual is a student is located.

12 (12) SEXUALLY VIOLENT OFFENSE.—The term

13 ‘‘sexually violent offense’’ means an offense (whether

14 under the law of a State, Federal law, military law,

15 or the law of a foreign country) that is comparable

16 to or more severe than any of the following offenses:

17 (A) Aggravated sexual abuse or sexual

18 abuse (as described in sections 2241 and 2242

19 of title 18, United States Code).

20 (B) An attempt or conspiracy to commit

21 such an offense.

22 (13) STATE.—The term ‘‘State’’ means any of

23 the following:

24 (A) A State.
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1 (B) The District of Columbia, the Com2 monwealth of Puerto Rico, Guam, American

3 Samoa, the United States Virgin Islands, or the

4 Northern Mariana Islands.

5 (C) A federally recognized Indian tribe

6 that has elected in accordance with section 108

7 to carry out this Act as a jurisdiction subject

8 to its provisions.

9 (14) STUDENT.—The term ‘‘student’’ means an

10 individual who, whether on a full-time or part-time

11 basis, enrolls in or attends an educational institu12 tion.

13 (15) TIER I INDIVIDUAL.—The term ‘‘Tier I in14 dividual’’ means an individual required to register

15 under this title who is subject to the least intensive

16 registration requirements, as determined in accord17 ance with criteria promulgated under section

18 106(b)(1)(E).

19 (16) TIER II INDIVIDUAL.—The term ‘‘Tier II

20 individual’’ means an individual required to register

21 under this title who is subject to more intensive reg22 istration requirements than Tier I individuals, as de23 termined in accordance with criteria promulgated

24 under section 106(b)(1)(E).
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1 (17) TIER III INDIVIDUAL.—The term ‘‘Tier III

2 individual’’ means an individual required to register

3 under this title who is subject to the most intensive

4 registration requirements, as determined in accord5 ance with criteria promulgated under section

6 106(b)(1)(E).

7 (18) WORK STATE.—The term ‘‘work State’’

8 means, with respect to an individual, the State with9 in the jurisdiction of which the individual’s current

10 place of employment is located or, if the individual

11 is unemployed, the individual’s most recent place of

12 employment.

13 SEC. 103. ASSISTANCE GRANTS TO PARTICIPATING STATES.

14 (a) SEX OFFENDER MANAGEMENT ASSISTANCE PRO15 GRAM.—

16 (1) IN GENERAL.—From amounts made avail17 able to carry out this subsection, the Attorney Gen18 eral shall carry out a program, to be known as the

19 Sex Offender Management Assistance program (in

20 this section referred to as the ‘‘SOMA program’’),

21 under which the Attorney General may award grants

22 to participating States to offset costs directly associ23 ated with implementing this title.

24 (2) DISTRIBUTION OF FUNDS.—Each grant

25 awarded under the SOMA program shall be distrib-
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1 uted directly to the participating State for distribu2 tion by that participating State to public entities, in3 cluding local governments and law enforcement

4 agencies, within that participating State.

5 (3) USES.—Up to 10 percent of a grant award6 ed under the SOMA program may be used to par7 ticipate in 1 or more databases that identify individ8 uals in custody.

9 (4) ELIGIBILITY.—

10 (A) IN GENERAL.—To be eligible to receive

11 a grant under the SOMA program in a fiscal

12 year and except as provided in subparagraph

13 (B), the chief executive of a participating State

14 shall submit to the Attorney General an appli15 cation (in such form, at such a time, and con16 taining such information as the Attorney Gen17 eral may reasonably require) assuring that—

18 (i) the participating State has sub19 stantially implemented (or is making a

20 good faith effort to substantially imple21 ment) this title; and

22 (ii) the participating State has made

23 the failure of a covered individual to reg24 ister as required a felony.
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1 (B) EXCEPTION.—The Attorney General

2 may waive the requirement of subparagraph (A)

3 if a participating State demonstrates an over4 riding need for assistance under the SOMA pro5 gram.

6 (5) ALLOCATION OF FUNDS.—In allocating

7 funds under the SOMA program, the Attorney Gen8 eral may consider the number of covered individuals

9 registered in each participating State’s registry.

10 (6) INCORPORATION OF CERTAIN TRAINING

11 PROGRAMS.—

12 (A) STUDY.—During the course of imple13 menting the SOMA program, the Attorney Gen14 eral shall study the feasibility of incorporating

15 into the SOMA program the activities of any

16 technical assistance or training program estab17 lished as a result of section 40152 of the Vio18 lent Crime Control and Law Enforcement Act

19 of 1994 (42 U.S.C. 13941).

20 (B) INCORPORATING.—In a case in which

21 incorporating such activities into the SOMA

22 program will eliminate duplication of efforts or

23 administrative costs, the Attorney General shall

24 take administrative actions, as allowable, and
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1 make recommendations to Congress to incor2 porate such activities into the SOMA program.

3 (b) INCENTIVES; BONUS PAYMENTS FOR EARLY

4 COMPLIANCE.—

5 (1) BONUS.—A participating State that has

6 substantially implemented this title within 2 years

7 after the date of the enactment of this Act is eligible

8 for a bonus payment under the SOMA program for

9 the fiscal year after the Attorney General certifies

10 that the participating State has achieved substantial

11 implementation.

12 (2) AMOUNT.—The amount of the bonus pay13 ment under paragraph (1) shall be—

14 (A) equal to 5 percent of the funds that

15 the participating State received under the

16 SOMA program for the preceding fiscal year; or

17 (B) if the participating State has substan18 tially implemented this title within 1 year after

19 the date of enactment of this Act, the amount

20 of the bonus payment shall be equal to 10 per21 cent of the funds that the participating State

22 received under the SOMA program for the pre23 ceding fiscal year.
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1 (3) ONE PAYMENT.—A participating State may

2 receive a bonus payment under this subsection only

3 once during the course of the SOMA program.

4 (c) REPORTS TO CONGRESS.—Each year, the Attor5 ney General shall submit to Congress a report identifying

6 the extent to which each participating State has imple7 mented this title.

8 SEC. 104. DUTY OF COVERED INDIVIDUALS TO PROVIDE IN9 FORMATION.

10 (a) INFORMATION REQUIRED PERIODICALLY.—A

11 covered individual shall, for the life of that individual (ex12 cept as provided in this section), provide information as

13 follows:

14 (1) REGISTRATION INFORMATION.—Initially

15 during the time period specified in accordance with

16 paragraph (4), and thereafter as provided in para17 graph (5), the individual shall—

18 (A) appear before persons designated by

19 the individual’s participating domicile State,

20 participating work State (if different from the

21 participating domicile State), and participating

22 school State (if different from the participating

23 domicile State); and

24 (B) provide to such persons—

25 (i) the individual’s name and aliases;
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1 (ii) the individual’s Social Security

2 number;

3 (iii) the address where the individual

4 maintains or will maintain his domicile;

5 (iv) a photocopy of a valid driver’s li6 cense or identification card issued to the

7 individual from the Department of Motor

8 Vehicles in the individual’s domicile State;

9 (v) the license plate number of, and

10 other identifying information with respect

11 to, each vehicle owned or operated by the

12 individual;

13 (vi) the name and address of the place

14 where the individual is employed or will be

15 employed; and

16 (vii) the name and address of any

17 educational institution at which the indi18 vidual is a student or will be a student.

19 (2) PHOTOGRAPH.—Initially during the time

20 period specified in accordance with paragraph (4),

21 and thereafter at least once every 12 months, the in22 dividual shall appear before persons designated by

23 the individual’s participating domicile State, partici24 pating work State (if different from the partici25 pating domicile State), and participating school
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1 State (if different from the participating domicile

2 State) and submit to the taking of a photograph.

3 (3) FINGERPRINTS.—During the time period

4 specified in accordance with paragraph (4), the indi5 vidual shall appear before persons designated by the

6 individual’s participating domicile State, partici7 pating work State (if different from the partici8 pating domicile State), and participating school

9 State (if different from the participating domicile

10 State) and submit to the taking of fingerprints. This

11 paragraph does not apply if the State determines

12 that it already has a valid set of fingerprints in its

13 possession.

14 (4) TIMING OF INITIAL REGISTRATION.—The

15 Attorney General shall prescribe the time period

16 within which a covered individual must fulfill the ini17 tial registration requirements set forth in para18 graphs (1), (2), and (3).

19 (5) ONGOING REGISTRATION.—

20 (A) IN GENERAL.—The ongoing registra21 tion requirement under paragraph (1) is—

22 (i) for Tier I individuals every 12

23 months;

24 (ii) for Tier II individuals every 6

25 months; and
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1 (iii) for Tier III individuals every 3

2 months.

3 (B) EXEMPTION.—A covered individual is

4 exempt from the ongoing registration require5 ment of this subsection if the covered individual

6 is incarcerated at the time specified in subpara7 graph (A).

8 (6) COVERED INDIVIDUAL IN CUSTODY OF A

9 STATE OTHER THAN DOMICILE STATE.—A covered

10 individual who, during the time period specified in

11 accordance with paragraph (4), is in the custody of

12 a participating State that is not the individual’s par13 ticipating domicile State, shall fulfill the initial reg14 istration requirements set forth in paragraphs (1),

15 (2), and (3) by providing the specified information

16 to an appropriate official of the jurisdiction that is

17 holding the individual in custody. The official shall

18 promptly make available that information to the in19 dividual’s domicile State.

20 (7) INDIVIDUAL IN FEDERAL OR MILITARY CUS21 TODY.—Whenever an individual is a covered indi22 vidual on the basis of subparagraph (C), (E) or (F)

23 of section 102(1), the procedure upon release or sen24 tencing of the individual shall be as provided in sec25 tion 4042(c) of title 18, United States Code, or sec-
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1 tion 115(a)(8)(C) of title I of Public Law 105–119.

2 The individual shall promptly register and continue

3 to register as provided in this section in each partici4 pating domicile, work, and school State of the indi5 vidual. To the extent that any procedure or require6 ment of this section cannot be applied to the indi7 vidual, the Attorney General may specify alternative

8 procedures and requirements for the registration of

9 such individuals in participating domicile, work, and

10 school States.

11 (8) RETROACTIVE APPLICATION.—The Attorney

12 General shall have the authority to—

13 (A) specify the applicability of the require14 ments of this title to individuals who are cov15 ered individuals based on a conviction or sen16 tencing that occurred prior to the date of enact17 ment or who are, as of the date of enactment

18 of this Act, incarcerated or under a non19 incarcerative sentence for some other offense;

20 (B) specify the applicability of the require21 ments of this title to all other individuals who

22 are covered individuals based on a conviction or

23 sentencing that occurred prior to the enactment

24 date of enactment of this Act or the implemen-
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1 tation of the requirements of this title by a par2 ticipating State; and

3 (C) specify procedures and methods for the

4 registration of individuals to whom the require5 ments of this title apply pursuant to subpara6 graph (A) or (B).

7 (b) REQUIREMENT TO REGISTER AND KEEP REG8 ISTRATION INFORMATION CURRENT.—

9 (1) REGISTRATION REQUIREMENT.—A covered

10 individual shall, for the life of that individual (except

11 as provided in this section), promptly register in

12 each participating domicile, work, and school State

13 of the individual and keep the registration informa14 tion current. To the extent that the procedures or

15 requirements for registering or updating registration

16 information in any participating domicile, work, or

17 school State are not fully specified in this section,

18 the Attorney General may specify such procedures

19 and requirements.

20 (2) CHANGES TO REGISTRATION INFORMATION

21 OF CERTAIN OFFENDERS.—The following shall apply

22 to changes of registration information under this

23 section for Tier II and Tier III individuals:

24 (A) CHANGE OF NAME.—Not more than 5

25 days after changing his or her name, the indi-
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1 vidual shall appear before persons designated

2 by the individual’s participating domicile State,

3 participating work State (if different from the

4 participating domicile State), and participating

5 school State (if different from the participating

6 domicile State) and provide the new name.

7 (B) CHANGE OF ADDRESS.—Not more

8 than 5 days before or after establishing a new

9 domicile, the individual shall—

10 (i) appear before persons designated

11 by the individual’s participating domicile

12 State, participating work State (if different

13 from the participating domicile State), and

14 participating school State (if different from

15 the participating domicile State) and pro16 vide the address of the new domicile and

17 the address of the previous domicile; and

18 (ii) if the new domicile and the pre19 vious domicile are not both within the ju20 risdiction of a single participating State

21 under this Act—

22 (I) appear before a person des23 ignated by the individual’s previous

24 participating domicile State (and ap25 pear before persons designated by the
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1 individual’s participating work State

2 (if different from the previous partici3 pating domicile State) and partici4 pating school State (if different from

5 the previous participating domicile

6 State)) and fulfill the requirements of

7 clause (i); and

8 (II) appear before a person des9 ignated by the individual’s new par10 ticipating domicile State to—

11 (aa) provide the designated

12 person the address of the new

13 domicile and the address of the

14 previous domicile; and

15 (bb) submit to the taking of

16 a photograph and, unless the

17 participating State determines

18 that it already possesses a valid

19 set, fingerprints.

20 (C) CHANGE OF EMPLOYMENT.—Not more

21 than 5 days before or after beginning, or ceas22 ing, employment by an employer, the individual

23 shall appear before, and provide notice of the

24 beginning or ceasing, and the name and address

25 of the employer, to—
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1 (i) a person designated by the individ2 ual’s participating domicile State; and

3 (ii) if the individual’s participating

4 work State is different from the domicile

5 State, a person designated by the individ6 ual’s participating work State.

7 (D) CHANGE OF STUDENT STATUS.—Not

8 more than 5 days before, after beginning, or

9 ceasing to be a student at an educational insti10 tution, the individual shall appear before, and

11 provide notice of the beginning or ceasing, and

12 the name and address of the educational insti13 tution, to—

14 (i) a person designated by the individ15 ual’s participating domicile State; and

16 (ii) if the individual’s participating

17 school State is different from the domicile

18 State, a person designated by the individ19 ual’s participating school State.

20 (c) PUNISHMENT.—

21 (1) IN GENERAL.—Whoever—

22 (A) knowingly fails to register in any juris23 diction in which such person is required to reg24 ister under this title; and
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1 (B)(i) has been convicted of a Federal of2 fense, an offense under the Uniform Code of

3 Military Justice, or a tribal offense, for which

4 registration is required by such Act or law; or

5 (ii) travels in interstate or foreign com6 merce.

7 shall be fined under this title and imprisoned accord8 ing to the penalties in paragraphs (2) and (3).

9 (2) FIRST CONVICTION.—On the first conviction

10 under paragraph (1)—

11 (A) a Tier I individual shall be fined under

12 title 18, United States Code, or imprisoned not

13 more than 3 years, or both;

14 (B) a Tier II individual shall be fined

15 under title 18, United States code, or impris16 oned not more than 5 years, or both; and

17 (C) a Tier III individual shall be fined

18 under title 18, United States Code, or impris19 oned not more than 10 years, or both.

20 (3) SUBSEQUENT CONVICTIONS.—On any con21 viction after the first under paragraph (1)—

22 (A) a Tier I individual shall be fined under

23 title 18, United States Code, or imprisoned not

24 more than 10 years, or both;
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1 (B) a Tier II individual shall be fined

2 under title 18, United States code, or impris3 oned not more than 20 years, or both; and

4 (C) a Tier III individual shall be fined

5 under title 18, United States Code, or impris6 oned for any term of years or for life, or both.

7 (4) AFFIRMATIVE DEFENSE.—In a prosecution

8 for a violation under this section, it is an affirmative

9 defense—

10 (A) that uncontrollable circumstances pre11 vented the individual from complying;

12 (B) the individual did not contribute to the

13 creation of such circumstances in reckless dis14 regard of the requirement to comply; and

15 (C) the individual complied as soon as such

16 circumstances ceased to exist.

17 (5) CONTINUING VIOLATIONS.—A violation

18 under this section is a continuing violation for pur19 poses of the statute of limitations.

20 (6) EXCEPTIONS.—An individual may petition

21 for relief from the requirements of subsections (a)

22 and (b) based on a claim that—

23 (A) the conviction that subjected the indi24 vidual to those requirements has been over25 turned;
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1 (B) the individual’s inclusion on the appli2 cable registry is the result of an administrative

3 or clerical error; or

4 (C) the individual has been pardoned by

5 the chief executive of the jurisdiction in which

6 the individual was convicted of the crime that

7 subjected the individual to the requirements of

8 subsections (a) and (b).

9 (d) EXCEPTIONS FOR CERTAIN INDIVIDUALS.—Sub10 sections (a) and (b) apply to any covered individual, except

11 as provided as follows:

12 (1) TIER I INDIVIDUALS.—The individual is a

13 Tier I individual and both of the following apply:

14 (A) The individual has only 1 conviction

15 for an offense that qualifies the individual as a

16 covered individual.

17 (B) A period of at least 10 years, exclud18 ing ensuing periods of incarceration, has ex19 pired since the date on which the individual was

20 sentenced for, or completed the term of impris21 onment for, the conviction described in subpara22 graph (A).

23 (2) TIER II INDIVIDUALS.—The individual is a

24 Tier II individual and both of the following apply:
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1 (A) The individual has only 1 conviction

2 for an offense that qualifies the individual as a

3 covered individual.

4 (B) A period of at least 20 years, exclud5 ing ensuing periods of incarceration, has ex6 pired since the date on which the individual was

7 sentenced for, or completed the term of impris8 onment for, the conviction described in subpara9 graph (A).

10 SEC. 105. DUTIES OF ATTORNEY GENERAL AND PARTICI11 PATING STATES.

12 (a) DUTY TO OBTAIN ACKNOWLEDGMENT OF OBLI13 GATIONS.—

14 (1) IN GENERAL.—During the time period spec15 ified in paragraph (2), an appropriate official

16 shall—

17 (A) inform each covered individual of the

18 duty to register and of that individual’s ongoing

19 obligations under this title;

20 (B) require the individual to read and sign

21 a form affirming that—

22 (i) the duty to register has been ex23 plained to the individual;
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1 (ii) the individual’s ongoing obliga2 tions under this title have been explained

3 to the individual; and

4 (iii) the individual understands the

5 registration requirements; and

6 (C) ensure that the individual has com7 pleted the initial registration process.

8 (2) APPROPRIATE TIME PERIOD.—The Attorney

9 General shall prescribe an appropriate time period

10 during which the requirements set forth in para11 graph (1) shall be fulfilled.

12 (3) FULFILLMENT.—The requirements of para13 graph (1) shall be fulfilled—

14 (A) before a covered individual has been

15 released from custody; or

16 (B) if the covered individual is not in cus17 tody, shortly after the individual has been sen18 tenced.

19 (b) OBTAINING AND SHARING INFORMATION.—

20 (1) OBTAINING INFORMATION.—When an indi21 vidual appears before the Attorney General or a par22 ticipating State to provide information pursuant to

23 this title (including information such as photographs

24 and fingerprints), the Attorney General (or the par25 ticipating State, or both, as the case may be) shall—
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1 (A) ensure that the individual complies

2 with the applicable requirements of this title;

3 (B) ensure that the information provided is

4 accurate and complete; and

5 (C) ensure that the information provided is

6 promptly entered into the appropriate records

7 or data system of the participating State.

8 (2) SHARING INFORMATION.—

9 (A) DOMICILE STATE.—The domicile State

10 of an individual, and the State which originally

11 registers the individual if different from the

12 domicile State, shall promptly notify each domi13 cile, work, and school State of the individual of

14 which it is aware concerning the individual’s

15 domicile, employment, or student status in such

16 State and shall make available to each such

17 State the information concerning the individual.

18 (B) CHANGE IN DOMICILE.—If a domicile

19 State of an individual is informed by the indi20 vidual, or otherwise becomes aware, that there

21 will be or has been a change in the individual’s

22 domicile State, the domicile State shall prompt23 ly notify the new domicile State and make avail24 able to the new domicile State the information

25 concerning the individual.
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1 (C) AVAILABLE INFORMATION.—A domi2 cile State shall promptly make available the in3 formation concerning an individual to a law en4 forcement agency or agencies in the State hav5 ing jurisdiction where—

6 (i) the individual’s domicile is located;

7 (ii) the individual’s place of employ8 ment is located; and

9 (iii) any educational institution at

10 which the individual is a student is located.

11 (c) ENTRY OF INFORMATION INTO THE NATIONAL

12 SEX OFFENDER REGISTRY.—

13 (1) MAINTENANCE OF A NATIONAL SEX OF14 FENDER REGISTRY.—The Attorney General shall

15 maintain a national database at the Federal Bureau

16 of Investigation, to be known as the National Sex

17 Offender Registry, which shall include information

18 concerning covered individuals who are required to

19 register in the sex offender registry of any jurisdic20 tion. Information may be released from the National

21 Sex Offender Registry to criminal justice agencies,

22 and to other entities as the Attorney General may

23 provide.

24 (2) PARTICIPATION IN THE NATIONAL SEX OF25 FENDER REGISTRIES.—Each participating State
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1 shall, in the time and manner provided by the Attor2 ney General—

3 (A) submit to the Attorney General the in4 formation concerning each covered individual

5 under this title, which shall be included in the

6 National Sex Offender Registry or other data7 bases as appropriate;

8 (B) submit the information described in

9 subparagraph (A) in a manner that allows the

10 Attorney General to include it in the National

11 Sex Offender Registries; and

12 (C) participate in the National Sex Of13 fender Public Registry maintained pursuant to

14 section 202.

15 (d) WHEN A COVERED INDIVIDUAL IS MISSING.—

16 (1) STATE.—Whenever a participating State is

17 unable to verify the address of or locate a covered

18 individual, the participating State shall promptly no19 tify the Attorney General.

20 (2) ATTORNEY GENERAL.—Whenever informa21 tion is made known to the Attorney General under

22 paragraph (1) that a State is unable to verify the

23 address of or locate a covered individual, the Attor24 ney General shall—
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1 (A) revise the National Sex Offender Reg2 istry to reflect that information; and

3 (B) add the name of the individual to the

4 wanted person file of the National Crime Infor5 mation Center and create a wanted persons

6 record if an arrest warrant that meets the re7 quirements for entry into the file is issued in

8 connection with the violation.

9 (3) INVESTIGATION.—The Attorney General

10 shall use the authority provided in section

11 566(e)(1)(B) of title 28, United States Code, the au12 thority to investigate offenses under chapter 49 of

13 title 18, United States Code, and the authority pro14 vided in any other relevant provision of law, as ap15 propriate, to assist States and other jurisdictions in

16 locating and apprehending covered individuals and

17 any other individuals who violate sex offender reg18 istration requirements.

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated such sums as may be

21 necessary for fiscal years 2006 through 2008 to carry out

22 this section.
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1 SEC. 106. PARTICIPATING STATE SEX OFFENDER REG2 ISTRIES.

3 (a) STATEWIDE REGISTRY REQUIRED.—Each par4 ticipating State shall maintain, throughout its jurisdiction,

5 a single comprehensive registry of information collected

6 under this title.

7 (b) RELEASE OF INFORMATION IN REGISTRY.—Each

8 participating State shall have in effect, throughout its ju9 risdiction, a single public information program that in10 cludes the following elements:

11 (1) INTERNET SITE.—

12 (A) INFORMATION.—

13 (i) IN GENERAL.—Except as provided

14 in clause (iii), the participating State shall

15 release to the public, through an Internet

16 site maintained by the State that shall

17 have multiple field search capability, the

18 following information for Tier II and III

19 individuals whose domicile State, work

20 State, or school State is the same as the

21 participating State:

22 (I) The name and any known

23 aliases of the individual.

24 (II) The date of birth of the indi25 vidual.
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1 (III) A physical description of the

2 individual.

3 (IV) The current photograph of

4 the individual.

5 (V) The domicile address of the

6 individual.

7 (VI) The address of the individ8 ual’s place of employment.

9 (VII) The address of any edu10 cational institution at which the indi11 vidual is a student.

12 (VIII) The nature and date of all

13 offenses qualifying the individual as a

14 covered individual.

15 (IX) The date on which the indi16 vidual was released from prison, or

17 placed on parole, supervised release,

18 or probation, for the most recent of19 fense qualifying the individual as a

20 covered individual.

21 (X) Tier designation for the indi22 vidual.

23 (XI) Compliance status of the in24 dividual.
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1 (ii) TIER I INDIVIDUALS.—The par2 ticipating State may, at its discretion, in3 clude information about Tier I individuals

4 on its Internet site.

5 (iii) VICTIMS.—The participating

6 State shall make every effort not to dis7 close the identity of the victim of an of8 fense. Information about a covered indi9 vidual whose duty to register is based sole10 ly on offenses against intrafamilial minors

11 may, after consultation with the victim, be

12 limited or withheld in its entirety from an

13 Internet site or registry, at the discretion

14 of the participating State.

15 (iv) LINKS.—The site shall include, as

16 much as practicable, links to sex offender

17 safety and education resources.

18 (B) INTEGRATION OF STATE SITES.—The

19 participating State shall consult with other

20 States to ensure, as much as practicable, that

21 the site integrates with and shares information

22 with the sites maintained by those other States.

23 (C) CORRECTION OF ERRORS.—The site

24 shall contain instructions on the process for
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1 correcting information that a person alleges to

2 be erroneous.

3 (D) WARNING.—The site shall include a

4 warning that the information presented should

5 not be used to injure, harass, or commit a

6 criminal act against any individual named in

7 the registry or residing or working at any re8 ported address. The warning shall note that any

9 such action could result in criminal prosecution.

10 (E) TIER DESIGNATION.—

11 (i) IN GENERAL.—The participating

12 State shall establish 3 tier designations.

13 The tier designation of an individual shall

14 be determined under criteria promulgated

15 by the participating State in accordance

16 with the participating State’s resources

17 and local priorities.

18 (ii) SEXUALLY VIOLENT OFFEND19 ERS.—All individuals convicted of sexually

20 violent offenses shall be designated as Tier

21 III individuals.

22 (iii) PHYSICAL CONTACT OF A SEXUAL

23 NATURE WITH A MINOR.—All individuals

24 convicted of any offense, an element of

25 which is physical contact of a sexual na-
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1 ture with a minor, shall be designated as

2 Tier II or Tier III individuals.

3 (2) COMMUNITY NOTIFICATION.—

4 (A) TIER II INDIVIDUALS.—Appropriate

5 law enforcement agencies in participating

6 States shall release information collected under

7 this title relating to Tier II individuals to public

8 and private schools, including institutions of

9 higher learning, child care providers, and busi10 nesses that provide services or products to chil11 dren, located within a radius, prescribed by the

12 participating State, of the home or work ad13 dress of the individual.

14 (B) TIER III INDIVIDUALS.—Appropriate

15 law enforcement agencies in participating

16 States shall release information collected under

17 this title relating to Tier III individuals to—

18 (i) public and private schools, includ19 ing institutions of higher learning, child

20 care providers, and businesses that provide

21 services or products to children, located

22 within a radius, prescribed by the partici23 pating State, of the home or work address

24 of the individual; and
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1 (ii) residents who reside within a ra2 dius, prescribed by the participating State,

3 of the home or work address of the indi4 vidual.

5 (c) PUBLICATION OF NUMBER OF OFFENDERS REG6 ISTERED.—

7 (1) IN GENERAL.—Every 6 months, the Attor8 ney General shall collect from each State informa9 tion on the total number of covered individuals in10 cluded in the registry maintained by that State.

11 (2) PUBLIC AVAILABILITY AND CONTENTS.—

12 The Attorney General shall—

13 (A) release information under paragraph

14 (1) to the public in a manner consistent with

15 this title; and

16 (B) include in such a release the number

17 of individuals within each tier and the number

18 of individuals who are in compliance with this

19 title within each tier.

20 (3) DOUBLE-COUNTING.—In reporting informa21 tion collected under paragraph (1), the Attorney

22 General shall ensure, to the extent practicable, that

23 offenders are not being double-counted.
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1 SEC. 107. DEVELOPMENT AND AVAILABILITY OF REGISTRY

2 MANAGEMENT SOFTWARE.

3 (a) DEVELOPMENT OF SOFTWARE REQUIRED.—The

4 Attorney General, in consultation with participating

5 States, shall—

6 (1) develop a software application that can be

7 used by participating States for purposes of this

8 title; and

9 (2) ensure that such software operates in such

10 a manner that a participating State can, by using

11 the software, fully comply with all the requirements

12 under this title for managing and exchanging infor13 mation (including exchanging information with other

14 States).

15 (b) AVAILABILITY TO STATES.—The Attorney Gen16 eral shall make the software developed under this section

17 available to States. The first complete edition of the soft18 ware shall be made available within 2 years after the date

19 of the enactment of this Act.

20 (c) SUPPORT.—The Attorney General shall ensure

21 that States are provided technical support for the installa22 tion of the software and for maintaining the software.

23 SEC. 108. ELECTION BY INDIAN TRIBES.

24 (a) ELECTION.—

25 (1) IN GENERAL.—A federally recognized In26 dian tribe may, by resolution or other enactment of
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1 the tribal council or comparable governmental

2 body—

3 (A) elect to carry out this title as a juris4 diction subject to its provisions; or

5 (B) elect to delegate its functions under

6 this title to a participating State or partici7 pating States within which the territory of the

8 tribe is located and to provide access to its ter9 ritory and such other cooperation and assist10 ance as may be needed to enable such partici11 pating State or participating States to carry

12 out and enforce the requirements of this title.

13 (2) ELECTION.—A tribe shall be treated as if it

14 had made the election described in paragraph (1)(B)

15 if—

16 (A) it is a tribe subject to the law enforce17 ment jurisdiction of a participating State under

18 section 1162 of title 18, United States Code;

19 (B) the tribe does not make an election

20 under paragraph (1) within 1 year of the enact21 ment of this Act or rescinds an election under

22 paragraph (1)(A); or

23 (C) the Attorney General determines that

24 the tribe has not implemented the requirements
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1 of this title and is not likely to become capable

2 of doing so within a reasonable amount of time.

3 (b) COOPERATION BETWEEN PARTICIPATING STATE

4 AND TRIBAL AUTHORITIES.—

5 (1) NONDUPLICATION.—A tribe subject to this

6 title is not required for purposes of this title to du7 plicate functions under this title which are fully car8 ried out by a participating State or participating

9 States within which the territory of the tribe is lo10 cated.

11 (2) COOPERATIVE AGREEMENTS.—A tribe may,

12 through cooperative agreements with such a partici13 pating State or participating States—

14 (A) arrange for the tribe to carry out any

15 function of the participating State under this

16 title with respect to sex offenders subject to the

17 tribe’s jurisdiction; and

18 (B) arrange for the participating State to

19 carry out any function of the tribe under this

20 title with respect to sex offenders subject to the

21 tribe’s jurisdiction.

22 SEC. 109. PROVISION OF NOTICE AND ACCESS TO INDIAN

23 TRIBES.

24 (a) CONFORMING AMENDMENT TO TITLE 18,

25 UNITED STATES CODE.—Section 4042(c)(1)(A) of title
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1 18, United States Code, is amended by striking ‘‘State’’

2 and inserting ‘‘State, Indian Country,’’.

3 (b) RESPONSIBILITY OF PARTICIPATING STATES.—

4 An appropriate participating State official, pursuant to

5 this title and exercising jurisdiction pursuant to Public

6 Law 93–280, shall ensure that notice is provided to any

7 Indian tribe of the release into the jurisdiction of the In8 dian tribe of a covered individual.

9 (c) ACCESS TO NATIONAL SEX OFFENDER REG10 ISTRY.—From funds made available under section 107,

11 the Attorney General shall use such amounts as the Attor12 ney General determines to be appropriate to make grants

13 to Indian tribes for the development of electronic data14 bases to provide access to information in the National Sex

15 Offender Registry.

16 SEC. 110. APPLICABILITY TO MINORS.

17 Notwithstanding any other provision of this Act, the

18 requirements of this Act are not applicable with respect

19 to any individual who is only subject to such requirements

20 because of a delinquent adjudication that occurred when

21 the individual was a minor, unless that individual was

22 charged and convicted as an adult.

23 SEC. 111. RULE OF CONSTRUCTION.

24 The provisions of this title that are cast as directions

25 to participating States or their officials constitute only
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1 conditions that must be substantially met, in accordance

2 with section 107, in order to obtain Federal funding under

3 this title.

4 SEC. 112. IMMUNITY FOR GOOD FAITH CONDUCT.

5 The Federal Government, participating States and

6 political subdivisions thereof, and their agencies, officers,

7 employees, and agents shall be immune from liability for

8 good faith conduct under this Act.

9 SEC. 113. STATE UNCONSTITUTIONALITY.

10 (a) IN GENERAL.—Nothing in this title shall be

11 deemed to require a participating State to take any action

12 that would violate that participating State’s constitution.

13 (b) FUNDS.—The Attorney General shall not with14 hold funds to any participating State under section 107

15 if the participating State declines to implement any provi16 sions of this title on the ground that to do so would place

17 the participating State in violation of its constitution or

18 a ruling by the participating State’s highest court.

19 (c) DEFERENCE.—In considering whether compliance

20 with the requirements of this title would likely violate the

21 participating State’s constitution or rulings by the partici22 pating State’s highest court under this section, the Attor23 ney General shall defer to the participating State’s inter24 pretation of the participating State’s constitution and rul-
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1 ings of the participating State’s highest court unless those

2 interpretations are clearly erroneous.

3 SEC. 114. REGULATIONS.

4 The Attorney General shall issue guidelines and regu5 lations to interpret and implement this title.

6 SEC. 115. AUTHORIZATION OF APPROPRIATIONS.

7 There is authorized to be appropriated for each of

8 fiscal years 2006 through 2009 such sums as may be nec9 essary to carry out this title.

10 SEC. 116. EFFECT ON CURRENT LAW.

11 This title does not diminish any existing conditions

12 on participating and non-participating States under cur13 rent law.

14 TITLE II—DRU SJODIN NA15 TIONAL SEX OFFENDER PUB16 LIC DATABASE ACT OF 2005

17 SEC. 201. SHORT TITLE AND DEFINITIONS.

18 (a) SHORT TITLE.—This title may be cited as the

19 ‘‘Dru Sjodin National Sex Offender Public Database Act

20 of 2005’’.

21 (b) DEFINITIONS.—The definitions in section 102

22 shall apply in this title.

23 SEC. 202. NATIONAL SEX OFFENDER PUBLIC REGISTRY.

24 (a) IN GENERAL.—The Attorney General shall main25 tain a national Internet site, to be known as the ‘‘National
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1 Sex Offender Public Registry,’’ through which the public

2 can access information in the public sex offender Internet

3 sites of all States by means of single-query searches.

4 (b) INFORMATION AVAILABLE IN PUBLIC REG5 ISTRY.—With respect to Tier II and Tier III individuals

6 and except as provided in subsection (e), the National Sex

7 Offender Public Registry shall provide the following infor8 mation:

9 (1) The name and any known aliases of the in10 dividual.

11 (2) The date of birth of the individual.

12 (3) A physical description of the individual.

13 (4) The current photograph of the individual.

14 (5) The domicile address of the individual.

15 (6) The address of the individual’s place of em16 ployment.

17 (7) The address of any educational institution

18 at which the individual is a student.

19 (8) The nature and date of all offenses quali20 fying the individual as a covered individual.

21 (9) The date on which the individual was re22 leased from prison, or placed on parole, supervised

23 release, or probation, for the most recent offense

24 qualifying the individual as a covered individual.

25 (10) Tier designation for the individual.
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1 (11) Compliance status of the individual.

2 (c) SEARCH CAPABILITIES.—The National Sex Of3 fender Public Registry shall have multiple search capabili4 ties, including—

5 (1) searches by name; and

6 (2) searches by geographic area including

7 searches by zip code area and searches within a ra8 dius specified by the user.

9 (d) TIER I INDIVIDUALS.—The Attorney General

10 shall also provide, in accordance with this section, infor11 mation related to a Tier I individual only if such informa12 tion is provided by a State on that State’s Internet site.

13 (e) FAMILY MEMBER OFFENSE.—The Attorney Gen14 eral shall provide, in accordance with this section, infor15 mation related to a covered offense against a minor com16 mitted by a family member of the minor only if such infor17 mation is provided by a State on that State’s Internet site.

18 SEC. 203. RELEASE OF HIGH-RISK INMATES.

19 (a) IN GENERAL.—From amounts made available to

20 carry out this section, the Attorney General may make

21 grants to participating States for activities specified in

22 subsections (b) and (c).

23 (b) CIVIL COMMITMENT PROCEEDINGS.—

24 (1) IN GENERAL.—Any participating State that

25 provides for a civil commitment proceeding, or any
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1 equivalent proceeding, shall issue timely notice to a

2 State official responsible for considering whether to

3 pursue such proceedings upon the impending release

4 of any person incarcerated by the participating State

5 who—

6 (A) has been convicted of a sexually violent

7 offense; or

8 (B) has been deemed by the participating

9 State to be at high risk for recommitting any

10 covered offense against a minor.

11 (2) REVIEW.—Upon receiving notice under

12 paragraph (1), the State official shall consider

13 whether or not to pursue a civil commitment pro14 ceeding, or any equivalent proceeding required under

15 State law.

16 (c) MONITORING OF RELEASED PERSONS.—Each

17 participating State shall intensively monitor, for not less

18 than 1 year, any person who—

19 (1) has been deemed by the participating State

20 to be at high risk for recommitting any covered of21 fense against a minor;

22 (2) has been unconditionally released from in23 carceration by the participating State; and
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1 (3) has not been civilly committed pursuant to

2 a civil commitment proceeding, or any equivalent

3 proceeding under State law.

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated for each fiscal year such

6 sums as may be necessary to carry out this section.

7 TITLE III—JETSETA GAGE PRE8 VENTION AND DETERRENCE

9 OF CRIMES AGAINST CHIL10 DREN ACT OF 2005

11 SEC. 301. SHORT TITLE.

12 This title may be cited as the ‘‘Jetseta Gage Preven13 tion and Deterrence of Crimes Against Children Act of

14 2005’’.

15 SEC. 302. ASSURED PUNISHMENT FOR VIOLENT CRIMES

16 AGAINST CHILDREN.

17 Section 3559(d) of title 18, United States Code, is

18 amended to read as follows:

19 ‘‘(d) MANDATORY MINIMUM TERMS OF IMPRISON20 MENT FOR VIOLENT CRIMES AGAINST CHILDREN.—A

21 person who is convicted of a Federal crime of violence

22 against the person of an individual who has not attained

23 the age of 12 years and has the intent to commit a serious

24 sex crime as defined in section 2241 of title 18 shall, un25 less a greater mandatory minimum sentence of imprison-
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1 ment is otherwise provided by law and regardless of any

2 maximum term of imprisonment otherwise provided for

3 the offense—

4 ‘‘(1) if the crime of violence results in the death

5 of a person who has not attained the age of 12

6 years, be imprisoned for not less than 30 years to

7 life;

8 ‘‘(2) if the crime of violence is a kidnapping or

9 maiming (or an attempt or conspiracy to commit

10 kidnapping or maiming) or results in serious bodily

11 injury (as defined in section 1365), be imprisoned

12 for not less than 20 years to life; and

13 ‘‘(3) if a dangerous weapon was used during

14 and in relation to the crime of violence, be impris15 oned for not less than 10 years to life.’’.

16 SEC. 303. INCREASED PENALTIES FOR SEXUAL OFFENSES

17 AGAINST CHILDREN.

18 (a) SEXUAL ABUSE.—

19 (1) AGGRAVATED SEXUAL ABUSE OF CHIL20 DREN.—Section 2241(c) of title 18, United States

21 Code, is amended by—

22 (A) designating the second sentence as

23 paragraph (4); and

24 (B) striking the first sentence and insert25 ing the following:
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1 ‘‘(1) Whoever crosses a State line with intent to en2 gage in a sexual act with a person who has not attained

3 the age of 12 years, or in the special maritime and terri4 torial jurisdiction of the United States or in a Federal

5 prison, knowingly engages in a sexual act with another

6 person who has not attained the age of 12 years, or at7 tempts to do so, shall be fined under this title and impris8 oned for not less than 10 years to life, or both.

9 ‘‘(2) Whoever crosses a State line with intent to en10 gage in a sexual act under the circumstances described

11 in subsections (a) or (b) with a person who has not at12 tained the age of 12 years, or in the special maritime and

13 territorial jurisdiction of the United States or in a Federal

14 prison, knowingly engages in a sexual act under the cir15 cumstances described in subsections (a) or (b) with an16 other person who has not attained the age of 12 years,

17 or attempts to do so, shall be fined under this title and

18 imprisoned not less than 30 years to life, or both.

19 ‘‘(3) Whoever crosses a State line with intent to en20 gage in a sexual act under the circumstances described

21 in subsections (a) or (b) with a person who has not at22 tained the age of 12 years, or in the special maritime and

23 territorial jurisdiction of the United States or in a Federal

24 prison, knowingly engages in a sexual act under the cir25 cumstances described in subsections (a) or (b) with an-
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1 other person who has attained the age of 12 but has not

2 attained the age of 16 years (and is at least 4 years young3 er than the person so engaging), or attempts to do so,

4 shall be fined under this title, imprisoned for any term

5 of years or life, or both.’’.

6 (2) SEXUAL ABUSE OF CHILDREN RESULTING

7 IN DEATH.—Section 2245 of title 18, United States

8 Code, is amended—

9 (A) by striking ‘‘A person’’ and inserting

10 ‘‘(a) IN GENERAL.—A person’’; and

11 (B) by adding at the end the following:

12 ‘‘(b) OFFENSES INVOLVING YOUNG CHILDREN.—A

13 person who, in the course of an offense under this chapter,

14 engages in conduct that includes a sex act with a person

15 who has not attained the age of 12 years and that results

16 in the death of that person, shall be punished by death

17 or imprisoned for not less than 30 years to life.’’.

18 (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF

19 CHILDREN.—

20 (1) SEXUAL EXPLOITATION OF CHILDREN.—

21 Section 2251(e) of title 18, United States Code, is

22 amended by striking ‘‘any term of years or for life’’

23 and inserting ‘‘not less than 30 years to life.’’

24 (2) USING MISLEADING DOMAIN NAMES TO DI25 RECT CHILDREN TO HARMFUL MATERIAL ON THE
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1 INTERNET.—Section 2252B(b) of title 18, United

2 States Code, is amended by striking ‘‘or imprisoned

3 not more than 4 years’’ and inserting ‘‘or impris4 oned not more than 10 years.’’.

5 TITLE IV—JESSICA LUNSFORD

6 AND SARAH LUNDE ACT

7 SEC. 401. SHORT TITLE.

8 This title may be cited as the ‘‘Jessica Lunsford and

9 Sarah Lunde Act’’.

10 SEC. 402. PILOT PROGRAM FOR MONITORING SEXUAL OF11 FENDERS.

12 (a) DEFINITION.—In this section, the term ‘‘sexual

13 offender’’ means an offender 18 years of age or older who

14 commits a sexual offense against a minor.

15 (b) SEXUAL PREDATOR MONITORING PROGRAM.—

16 (1) GRANTS AUTHORIZED.—

17 (A) IN GENERAL.—The Attorney General

18 is authorized to award grants (referred to as

19 ‘‘Jessica Lunsford and Sarah Lunde Grants’’)

20 to State and local governments to assist such

21 States and local governments in—

22 (i) carrying out programs to outfit

23 sexual offenders with electronic monitoring

24 units; and
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1 (ii) the employment of law enforce2 ment officials necessary to carry out such

3 programs.

4 (B) DURATION.—The Attorney General

5 shall award grants under this section for a pe6 riod not to exceed 3 years.

7 (2) APPLICATION.—

8 (A) IN GENERAL.—Each State or local

9 government desiring a grant under this section

10 shall submit an application to the Attorney

11 General at such time, in such manner, and ac12 companied by such information as the Attorney

13 General may reasonably require.

14 (B) CONTENTS.—Each application sub15 mitted pursuant to subparagraph (A) shall—

16 (i) describe the activities for which as17 sistance under this section is sought; and

18 (ii) provide such additional assurances

19 as the Attorney General determines to be

20 essential to ensure compliance with the re21 quirements of this section.

22 (c) INNOVATION.—In making grants under this sec23 tion, the Attorney General shall ensure that different ap24 proaches to monitoring are funded to allow an assessment

25 of effectiveness.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—

2 (1) IN GENERAL.—There are authorized to be

3 appropriated $10,000,000 for each of the fiscal

4 years 2006 through 2008 to carry out this section.

5 (2) REPORT.—Not later than April 1, 2008, the

6 Attorney General shall report to Congress—

7 (A) assessing the effectiveness and value of

8 this section;

9 (B) comparing the cost effectiveness of the

10 electronic monitoring to reduce sex offenses

11 compared to other alternatives; and

12 (C) making recommendations for con13 tinuing funding and the appropriate levels for

14 such funding.

15 TITLE V—MISCELLANEOUS

16 PROVISIONS

17 SEC. 501. ACCESS TO INTERSTATE IDENTIFICATION INDEX.

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law, the Attorney General shall ensure access to

20 the Interstate Identification Index (established under the

21 National Crime Prevention and Privacy Compact (42

22 U.S.C. 14616)) by—–

23 (1) the National Center for Missing and Ex24 ploited Children, to be used only within the scope of

25 the Center’s duties and responsibilities under Fed-
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1 eral law to assist or support law enforcement agen2 cies in administration of criminal justice functions;

3 and

4 (2) governmental social service agencies with

5 child protection responsibilities, to be used by such

6 agencies only in investigating or responding to re7 ports of child abuse, neglect, or exploitation.

8 (b) CONDITIONS OF ACCESS.—The access provided

9 under this section, and associated rules of dissemination,

10 shall be—

11 (1) defined by the Attorney General; and

12 (2) limited to personnel of the Center or such

13 agencies that have met all requirements set by the

14 Attorney General, including training, certification,

15 and background screening.

16 (c) LIMITATION ON LIABILITY.—

17 (1) IN GENERAL.—Except as provided in para18 graphs (2) and (3), the National Center for Missing

19 and Exploited Children, including any of its direc20 tors, officers, employees, or agents, is not liable in

21 any civil action sounding in tort for damages related

22 to its access to the Interstate Identification Index.

23 (2) INTENTIONAL, RECKLESS, OR OTHER MIS24 CONDUCT.—Paragraph (1) does not apply in an ac25 tion in which a party proves that the National Cen-
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1 ter for Missing and Exploited Children, or its offi2 cer, employee, or agent as the case may be, engaged

3 in intentional misconduct or acted, or failed to act,

4 with actual malice, with reckless disregard of a sub5 stantial risk of causing injury without legal justifica6 tion, or for a purpose unrelated to its performance

7 of activities or responsibilities under Federal law.

8 (3) ORDINARY BUSINESS ACTIVITIES.—Para9 graph (1) does not apply to an act or omission re10 lated to an ordinary business activity, such as an ac11 tivity involving general administration or operations,

12 the use of motor vehicles, or personnel management.

13 SEC. 502. LIMITATION ON LIABILITY FOR NCMEC.

14 Section 227 of the Victims of Child Abuse Act of

15 1990 (42 U.S.C. 13032) is amended by adding at the end

16 the following:

17 ‘‘(g) LIMITATION ON LIABILITY.—

18 ‘‘(1) IN GENERAL.—Except as provided in sub19 paragraphs (2) and (3), the National Center for

20 Missing and Exploited Children, including any of its

21 directors, officers, employees, or agents, shall not be

22 liable in any civil or criminal action for the perform23 ance of its CyberTipline responsibilities and func24 tions as defined by section 227 of the Victims of

25 Child Abuse Act of 1990 (42 U.S.C. 13032) and
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1 section 404 of the Missing Children’s Assistance Act

2 (42 U.S.C. 5773), or for its efforts to identify child

3 victims.

4 ‘‘(2) EXCEPTION FOR INTENTIONAL, RECKLESS,

5 OR OTHER MISCONDUCT.—The limitation on liability

6 under subparagraph (1) shall not apply in any ac7 tion in which a plaintiff or prosecutor proves that

8 the National Center for Missing and Exploited Chil9 dren or its officers, employees, or agents described

10 in subparagraph (1), as the case may be, engaged in

11 intentional misconduct or acted, or failed to act,

12 with actual malice, with reckless disregard to a sub13 stantial risk of causing injury without legal justifica14 tion, or for a purpose unrelated to the performance

15 of responsibilities or functions under section 227 of

16 the Victims of Child Abuse Act of 1990 (42 U.S.C.

17 13032) and section 404 of the Missing Children’s

18 Assistance Act (42 U.S.C. 5773), or for its efforts

19 to identify child victims.

20 ‘‘(3) EXCEPTION FOR ORDINARY BUSINESS AC21 TIVITIES.—The limitation on liability under para22 graph (1) shall not apply to any alleged act or omis23 sion related to an ordinary business activity, such as

24 an activity involving general administration or oper-
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1 ations, the use of motor vehicles, or personnel man2 agement.’’.

3 SEC. 503. MISSING CHILD REPORTING REQUIREMENTS.

4 (a) IN GENERAL.—Section 3702 of the Crime Con5 trol Act of 1990 (42 U.S.C. 5780) is amended—

6 (1) by redesignating paragraphs (2) and (3) as

7 paragraphs (3) and (4), respectively;

8 (2) by inserting after paragraph (1) the fol9 lowing:

10 ‘‘(2) ensure that no law enforcement agency

11 within the State establishes or maintains any policy

12 that requires the removal of a missing person entry

13 from its State law enforcement system or the Na14 tional Crime Information Center computer database

15 based solely on the age of the person;’’; and

16 (3) in paragraph (3), as redesignated, by strik17 ing ‘‘immediately’’ and inserting ‘‘within 2 hours of

18 receipt’’.

19 (b) DEFINITIONS.—Section 403(1) of the Com20 prehensive Crime Control Act of 1984 (42 U.S.C. 5772)

21 is amended by striking ‘‘if’’ through subparagraph (B)

22 and inserting a semicolon.
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1 SEC. 504. TREATMENT AND MANAGEMENT OF SEX OFFEND2 ERS IN THE BUREAU OF PRISONS.

3 Section 3621 of title 18, United States Code, is

4 amended by adding at the end the following new sub5 section:

6 ‘‘(f) SEX OFFENDER MANAGEMENT.—

7 ‘‘(1) IN GENERAL.—The Bureau of Prisons

8 shall make available appropriate treatment to sex of9 fenders who are in need of and suitable for treat10 ment, as follows:

11 ‘‘(A) SEX OFFENDER MANAGEMENT PRO12 GRAMS.—The Bureau of Prisons shall establish

13 non-residential sex offender management pro14 grams to provide appropriate treatment, moni15 toring, and supervision of sex offenders and to

16 provide aftercare during prerelease custody.

17 ‘‘(B) RESIDENTIAL SEX OFFENDER

18 TREATMENT PROGRAMS.—The Bureau of Pris19 ons shall establish residential sex offender

20 treatment programs to provide treatment to sex

21 offenders who volunteer for such programs and

22 are deemed by the Bureau of Prisons to be in

23 need of and suitable for residential treatment.

24 ‘‘(2) REGIONS.—At least 1 sex offender man25 agement program under paragraph (1)(A), and at

26 least 1 residential sex offender treatment program
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1 under paragraph (1)(B), shall be established in each

2 region within the Bureau of Prisons.

3 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated to the Bu5 reau of Prisons for each fiscal year such sums as

6 may be necessary to carry out this subsection.’’.

7 SEC. 505. AUTHORIZATION FOR AMERICAN PROSECUTORS

8 RESEARCH INSTITUTE.

9 In addition to any other amounts authorized by law,

10 there are authorized to be appropriated for grants to the

11 American Prosecutors Research Institute under section

12 214A of the Victims of Child Abuse Act of 1990 (42

13 U.S.C. 13003) $7,500,000 for each of fiscal years 2006

14 through 2010.

15 SEC. 506. SEX OFFENDER APPREHENSION GRANTS.

16 Title I of the Omnibus Crime Control and Safe

17 Streets Act of 1968 is amended by adding at the end the

18 following:

19 ‘‘PART II—SEX OFFENDER APPREHENSION

20 GRANTS

21 ‘‘SEC. 2992. AUTHORITY TO MAKE SEX OFFENDER APPRE22 HENSION GRANTS.

23 ‘‘(a) IN GENERAL.—From amounts made available to

24 carry out this part, the Attorney General may make grants

25 to States, units of local government, Indian tribes, other
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1 public and private entities, and multi-jurisdictional or re2 gional consortia thereof for activities specified in sub3 section (b).

4 ‘‘(b) COVERED ACTIVITIES.—An activity referred to

5 in subsection (a) is any program, project, or other activity

6 to assist a State in enforcing sex offender registration re7 quirements.’’.

8 SEC. 507. ACCESS TO FEDERAL CRIME INFORMATION DATA9 BASES BY EDUCATIONAL AGENCIES FOR CER10 TAIN PURPOSES.

11 (a) IN GENERAL.—The Attorney General shall, upon

12 request of the chief executive of a State, conduct finger13 print-based checks of the national crime information data14 bases (as defined in section 534(e)(3)(A) of title 28,

15 United States Code), pursuant to a request submitted by

16 a local educational agency or a State educational agency

17 in that State, on individuals under consideration for em18 ployment by the agency in a position in which the indi19 vidual would work with or around children. Where pos20 sible, the check shall include a fingerprint-based check of

21 State criminal history databases. The Attorney General

22 and the States may charge any applicable fees for these

23 checks.

24 (b) PROTECTION OF INFORMATION.—An individual

25 having information derived as a result of a check under
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1 subsection (a) may release that information only to an ap2 propriate officer of a local educational agency or State

3 educational agency, or to another person authorized by

4 law to receive that information.

5 (c) CRIMINAL PENALTIES.—An individual who know6 ingly exceeds the authority of subsection (a), or knowingly

7 releases information in violation of subsection (b), shall

8 be imprisoned not more than 10 years or fined under title

9 18, United States Code, or both.

10 (d) DEFINITION.—In this section, the terms ‘‘local

11 educational agency’’ and ‘‘State educational agency’’ have

12 the meanings given to those terms in section 9101 of the

13 Elementary and Secondary Education Act of 1965 (20

14 U.S.C. 7801).

15 SEC. 508. GRANTS TO COMBAT SEXUAL ABUSE OF CHIL16 DREN.

17 (a) IN GENERAL.—The Bureau of Justice Assistance

18 is authorized to make grants under this section to—

19 (1) each law enforcement agency that serves a

20 jurisdiction with 50,000 or more residents; and

21 (2) each law enforcement agency that serves a

22 jurisdiction with fewer than 50,000 residents, upon

23 a showing of need.

24 (b) USE OF GRANT AMOUNTS.—Grants under this

25 section may be used by the law enforcement agency to—
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1 (1) hire additional law enforcement personnel,

2 or train existing staff, to combat the sexual abuse of

3 children through community education and outreach,

4 investigation of complaints, enforcement of laws re5 lating to sex offender registries, and management of

6 released sex offenders;

7 (2) investigate the use of the Internet to facili8 tate the sexual abuse of children; and

9 (3) purchase computer hardware and software

10 necessary to investigate sexual abuse of children over

11 the Internet, access local, State, and Federal data12 bases needed to apprehend sex offenders, and facili13 tate the creation and enforcement of sex offender

14 registries.

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated such sums as may be

17 necessary for fiscal years 2006 through 2008 to carry out

18 this section.

19 SEC. 509. SEVERABILITY.

20 If any provisions of this Act, any amendment made

21 by this Act, or the application of such provisions or

22 amendment to any person or circumstance is held to be

23 unconstitutional, the remainder of the provisions of this

24 Act, the amendments made by this Act, and the applica-
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1 tion of such provisions or amendments to any person or

2 circumstance shall not be affected.

3 SEC. 510. FAILURE TO PROVIDE INFORMATION A DEPORT4 ABLE OFFENSE.

5 Section 237(a)(2)(A) of the Immigration and Nation6 ality Act (8 U.S.C. 1227(a)(2)(A)) is amended—

7 (1) by redesignating clause (v) as clause (vi);

8 and

9 (2) by inserting after clause (iv) the following

10 new clause:

11 ‘‘(v) FAILURE TO PROVIDE REGISTRA12 TION INFORMATION AS A SEX OF13 FENDER.—Any alien who is convicted

14 under subsection (d) of section 103 of the

15 Sex Offender Registration and Notification

16 Act of a violation of subsection (a) or (b)

17 of such section is deportable.’’.

18 SEC. 511. REPEAL.

19 Sections 170101 and 170102 of the Violent Crime

20 Control and Law Enforcement Act of 1994 (42 U.S.C.

21 14071, 14072) are repealed.

22 SEC. 512. CONFORMING AMENDMENTS TO TITLE 18, UNITED

23 STATES CODE.

24 Title 18 of the United States Code is amended—
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1 (1) in sections 3563(a)(8) and 3583(d) by

2 striking ‘‘and that the person register in any State

3 where the person resides, is employed, carries on a

4 vocation, or is a student (as such terms are defined

5 under section 170101(a)(3) of the Violent Crime

6 Control and Law Enforcement Act of 1994)’’ and

7 inserting ‘‘and that the person comply with the Sex

8 Offender Registration and Notification Act’’;

9 (2) in section 4042(c)(3) by striking ‘‘shall be

10 subject’’ and all that follows through ‘‘1994)’’ and

11 inserting ‘‘must comply with the Sex Offender Reg12 istration and Notification Act’’; and

13 (3) in section 4209(a) by striking ‘‘register in

14 any State’’ and all that follows through ‘‘1994)’’ and

15 inserting ‘‘comply with the Sex Offender Registra16 tion and Notification Act.’’.

17 TITLE VI—COMPREHENSIVE EX18 AMINATION OF SEX OF19 FENDER ISSUES

20 SEC. 601. COMPREHENSIVE EXAMINATION OF SEX OF21 FENDER ISSUES.

22 (a) DEFINITION.—In this section, the term ‘‘sexual

23 offender’’ means an offender 18 years of age or older who

24 commits a sexual offense against a minor.
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1 (b) IN GENERAL.—The National Institute of Justice

2 shall conduct a comprehensive study to examine the con3 trol, prosecution, treatment, and monitoring of sex offend4 ers, with a particular focus on—

5 (1) the effectiveness of State, tribal, and local

6 responses to the requirements of this Act, including

7 the effectiveness of particular jurisdictions as com8 pared to others;

9 (2) compliance by sex offenders with the reg10 istration requirements of this Act;

11 (3) how this Act has affected the number of re12 ported sex crimes against children;

13 (4) how this Act has affected the number of

14 prosecutions and convictions of sex crimes against

15 children;

16 (5) the utility of the National Sex Offender

17 Public Registry to the public;

18 (6) the costs to States, tribes, and local entities

19 of compliance with this Act and the relative costs

20 and benefits of approaches undertaken by different

21 jurisdictions;

22 (7) the effectiveness of treatment programs in

23 reducing recidivism among sex offenders;

24 (8) the potential benefits to Federal, State, and

25 local law enforcement agencies of access to taxpayer
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1 information pertaining to sexual offenders and the

2 privacy implications to those individuals and others;

3 and

4 (9) the potential benefits to Federal, State, and

5 local law enforcement agencies of access to Social

6 Security information pertaining to sexual offenders

7 and the privacy implications to those individuals and

8 others.

9 (c) RECOMMENDATIONS.—The study described in

10 subsection (b) shall include recommendations for reducing

11 the number of sex crimes against children and increasing

12 the rates of compliance with registration requirements.

13 (d) REPORTS.—

14 (1) IN GENERAL.—Not later than 5 years after

15 the date of enactment of this Act, the National In16 stitute of Justice shall report the results of the

17 study conducted under subsection (b) together with

18 findings to Congress, through the Internet to the

19 public, to each of the 50 governors, to the Mayor of

20 the District of Columbia, to territory heads, and to

21 the top official of the various Indian Tribes.

22 (2) INTERIM REPORTS.—The National Institute

23 of Justice shall submit yearly interim reports.
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1 (e) APPROPRIATIONS.—There are authorized to be

2 appropriated $3,000,000 to carry out this section.

Passed the Senate May 4, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 1086

AN ACT

To improve the national program to register and

children or sex offenses.monitor individuals who commit crimes against