II 

Calendar No. 251 

109TH CONGRESS 

1ST SESSION S. 1086 

To improve the national program to register and monitor individuals who 

commit crimes against children or sex offenses. 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2005 

Mr. HATCH (for himself, Mr. BIDEN, Mr. MARTINEZ, Mr. ENSIGN, Mr. STEVENS, Mrs. CLINTON, Mr. THUNE, Mr. JOHNSON, Mr. CRAPO, Mr. SCHUMER, Mr. DEWINE, Mr. NELSON of Nebraska, Mr. ISAKSON, Mr. 

MCCAIN, Mr. GREGG, Ms. CANTWELL, Mr. KYL, Mr. GRASSLEY, and Mr. 

SUNUNU) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

OCTOBER 20, 2005 

Reported by Mr. SPECTER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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 Act’’; or 

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

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—JACOB WETTERLING, MEGAN NICOLE KANKA, & PAM 

LYCHNER SEX OFFENDER REGISTRATION AND NOTIFICATION 

PROGRAM 

Sec. 101. Jacob Wetterling, Megan Nicole Kanka, & Pam Lychner Sex Offender Registration and Notification Program. 

Sec. 102. Definitions. 

Sec. 103. Duty of covered individuals to provide information. 

Sec. 104. Duty of covered individuals on parole or supervised release to comply 

with device requirements. 

Sec. 105. Duties of Attorney General and State or tribal actors. 

Sec. 106. State and tribal sex offender registries. 

Sec. 107. National Sex Offender Registry. 

Sec. 108. Development and availability of registry management software. 

Sec. 109. DNA database for covered individuals. 

Sec. 110. Duty of courts to determine whether an individual is a sexually violent predator. 

Sec. 111. Duty of Attorney General to determine whether State or tribal actors 

are qualified. 

Sec. 112. Use of other Federal information to track sex offenders. 

Sec. 113. Implementation by State and tribal actors and assistance grants to 

those actors. 

Sec. 114. Immunity for good faith conduct. 

Sec. 115. Regulations. 

Sec. 116. Authorization of appropriations. 

TITLE II—AMENDATORY PROVISIONS, TRANSITION PROVISIONS, 

AND EFFECTIVE DATE 

Sec. 201. Failure to provide information a deportable offense. 

Sec. 202. Repeal. 

Sec. 203. Conforming amendments to title 18, United States Code. 

Sec. 204. Effective date. 
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1 TITLE I—JACOB WETTERLING, 

2 MEGAN NICOLE KANKA, & 

3 PAM LYCHNER SEX OF4 FENDER REGISTRATION AND 

5 NOTIFICATION PROGRAM 

6 SEC. 101. JACOB WETTERLING, MEGAN NICOLE KANKA, & 

7 PAM LYCHNER SEX OFFENDER REGISTRA8 TION AND NOTIFICATION PROGRAM. 

9 (a) IN GENERAL.—The Attorney General shall carry 

10 out this title through a program to be known as the Jacob 

11 Wetterling, Megan Nicole Kanka, & Pam Lychner Sex Of12 fender Registration and Notification Program. 

13 (b) REFERENCES TO FORMER PROGRAM OR FORMER

14 LAW.—Any reference (other than a reference in this Act) 

15 in a law, regulation, document, paper, or other record of 

16 the United States to the program carried out under sub17 title A of title XVII of the Violent Crime Control and Law 

18 Enforcement Act of 1994 (42 U.S.C. 14071 et seq.), or 

19 to any provision of that subtitle, shall be deemed to be 

20 a reference to the program referred to in subsection (a), 

21 or to the appropriate provision of this title, as the case 

22 may be. 

23 SEC. 102. DEFINITIONS. 

24 In this Act: 
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1 (1) COVERED INDIVIDUAL.—The term ‘‘covered 

2 individual’’ means any of the following: 

3 (A) An individual who has been convicted 

4 of a covered offense against a minor. 

5 (B) An individual who has been convicted 

6 of a sexually violent offense. 

7 (C) An individual described in section 

8 4042(c)(4) of title 18, United States Code. 

9 (D) An individual sentenced by a court 

10 martial for conduct in a category specified by 

11 the Secretary of Defense under section 

12 115(a)(8)(C) of title I of Public Law 105–119 

13 (10 U.S.C. 951 note). 

14 (E) An individual who is a sexually violent 

15 predator. 

16 (2) COVERED OFFENSE AGAINST A MINOR.— 

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

18 subparagraphs (B) and (C), the term ‘‘covered 

19 offense against a minor’’ means an offense 

20 (whether under the law of a State actor or trib21 al actor, Federal law, military law, or the law 

22 of a foreign country) that is comparable to or 

23 more severe than any of the following offenses: 

24 (i) Kidnapping of a minor, except by 

25 a parent of the minor. 
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1 (ii) False imprisonment of a minor, 

2 except by a parent of the minor. 

3 (iii) Criminal sexual conduct toward a 

4 minor. 

5 (iv) Solicitation of a minor to engage 

6 in sexual conduct. 

7 (v) Use of a minor in a sexual per8 formance. 

9 (vi) Solicitation of a minor to practice 

10 prostitution. 

11 (vii) Any conduct that by its nature is 

12 a sexual offense against a minor. 

13 (viii) Possession, production, or dis14 tribution of child pornography, as de15 scribed in section 2251, 2252, or 2252A of 

16 title 18, United States Code. 

17 (ix) Use of the Internet to facilitate or 

18 commit a covered offense against a minor. 

19 (x) An attempt to commit a covered 

20 offense against a minor. 

21 (B) EXCEPTION.—The term does not in22 clude an offense if the conduct on which the of23 fense is based is criminal only because of the 

24 age of the victim and the individual who com-
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1 mitted the offense had not attained the age of 

2 18 years when the offense was committed. 

3 (C) INCLUSION.—The term includes a vio4 lation of section 103 of this Act. 

5 (3) DOMICILE.—The term ‘‘domicile’’ means, 

6 with respect to an individual, any place that serves 

7 as the primary place at which the individual lives. 

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

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

10 State actor or tribal actor within the jurisdiction of 

11 which is the individual’s domicile. 

12 (5) EDUCATIONAL INSTITUTION.—The term 

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

14 private) any secondary school, trade or professional 

15 institution, and institution of higher education. 

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

17 includes carrying on a vocation and covers any labor 

18 or service rendered (whether as a volunteer or for 

19 compensation or for government or educational ben20 efit) on a full-time or part-time basis. 

21 (7) JURISDICTION.—The term ‘‘jurisdiction’’, 

22 with respect to a tribal actor, means the Indian 

23 country (as defined in section 1151 of title 18, 

24 United States Code) of that tribal actor. 
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1 (8) SCHOOL STATE.—The term ‘‘school State’’ 

2 means, with respect to an individual, the State actor 

3 or tribal actor within the jurisdiction of which the 

4 educational institution at which the individual is a 

5 student is located. 

6 (9) SEXUALLY VIOLENT OFFENSE.—The term 

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

8 under the law of a State actor or tribal actor, Fed9 eral law, military law, or the law of a foreign coun10 try) that is comparable to or more severe than any 

11 of the following offenses: 

12 (A) Aggravated sexual abuse or sexual 

13 abuse (as described in sections 2241 and 2242 

14 of title 18, United States Code). 

15 (B) An offense an element of which is en16 gaging in physical contact with another person 

17 with intent to commit aggravated sexual abuse 

18 or sexual abuse. 

19 (10) SEXUALLY VIOLENT PREDATOR.—The 

20 term ‘‘sexually violent predator’’ means an individual 

21 who— 

22 (A) has a conviction for a sexually violent 

23 offense; or 

24 (B) suffers from a mental abnormality (as 

25 defined in section 110 of this Act) or person-
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1 ality disorder that makes the person likely to 

2 engage in a predatory (as defined in section 

3 110 of this Act) sexually violent offense. 

4 (11) STATE ACTOR.—The term ‘‘State actor’’ 

5 means any of the following: 

6 (A) A State. 

7 (B) The District of Columbia, the Com8 monwealth of Puerto Rico, Guam, American 

9 Samoa, the United States Virgin Islands, or 

10 any other territory or possession of the United 

11 States. 

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

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

14 basis, enrolls in or attends an educational institu15 tion. 

16 (13) TRIBAL ACTOR.—The term ‘‘tribal actor’’ 

17 means a federally recognized Indian tribe. 

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

19 means, with respect to an individual, the State actor 

20 or tribal actor within the jurisdiction of which the 

21 individual’s place of employment is located. 

22 SEC. 103. DUTY OF COVERED INDIVIDUALS TO PROVIDE IN23 FORMATION. 

24 (a) INFORMATION REQUIRED PERIODICALLY.—A 

25 covered individual shall, for the life of that individual (ex-
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1 cept as provided in this section), provide information as 

2 follows: 

3 (1) REGISTRATION INFORMATION.—Imme4 diately after being sentenced for an offense that 

5 qualifies the individual as a covered individual (or, 

6 if the individual is imprisoned for that offense, im7 mediately before completing the term of imprison8 ment), and thereafter at least once every 6 months 

9 (or, in the case of a sexually violent predator, at 

10 least once every 3 months), the individual shall ap11 pear before a person designated by the individual’s 

12 domicile State and provide— 

13 (A) the individual’s name; 

14 (B) the individual’s Social Security num15 ber; 

16 (C) the address of the individual’s domi17 cile; 

18 (D) the license plate number of, and other 

19 identifying information with respect to, each ve20 hicle owned or operated by the individual; 

21 (E) any address at which the individual ex22 pects to have a domicile in the future; 

23 (F) the name and address of any person 

24 who employs the individual and the address at 

25 which the individual is so employed; and 
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1 (G) the name and address of any edu2 cational institution at which the individual is 

3 employed or is a student. 

4 (2) PHOTOGRAPH.—Immediately after being 

5 sentenced for an offense that qualifies the individual 

6 as a covered individual (or, if the individual is im7 prisoned for that offense, immediately before com8 pleting the term of imprisonment), and thereafter at 

9 least once every 12 months, the individual shall ap10 pear before a person designated by the individual’s 

11 domicile State and submit to the taking of a photo12 graph. 

13 (3) FINGERPRINTS.—Immediately after being 

14 sentenced for an offense that qualifies the individual 

15 as a covered individual (or, if the individual is im16 prisoned for that offense, immediately before com17 pleting the term of imprisonment), and thereafter at 

18 least once every 12 months, the individual shall ap19 pear before a person designated by the individual’s 

20 domicile State and submit to the taking of finger21 prints. 

22 (4) OTHER REGULATORY REQUIREMENTS.— 

23 The Attorney General may, by regulation, require 

24 the individual to provide any information that the 

25 Attorney General considers appropriate on any basis, 
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1 and at any time and in any manner, that the Attor2 ney General considers appropriate. 

3 (5) INDIVIDUAL IN CUSTODY IN STATE OTHER

4 THAN DOMICILE STATE.—Whenever an individual is 

5 required by any paragraph of this subsection to pro6 vide information immediately after being sentenced 

7 (or immediately before completing a term of impris8 onment) and the State actor or tribal actor that has 

9 sentenced (or imprisoned) the individual is not the 

10 individual’s domicile State— 

11 (A) the individual shall provide that infor12 mation (in the same time, place, and manner as 

13 prescribed by that paragraph) to an appropriate 

14 official of the State actor or tribal actor that 

15 has sentenced (or imprisoned) the individual; 

16 and 

17 (B) the State actor or tribal actor that has 

18 sentenced (or imprisoned) the individual shall 

19 promptly make available that information to the 

20 individual’s domicile State. 

21 (b) INFORMATION REQUIRED UPON CHANGE OF

22 REGISTRY INFORMATION.—A covered individual shall, for 

23 the life of that individual (except as provided in this sec24 tion), provide information as follows: 
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1 (1) CHANGE OF ADDRESS.—Not more than 3 

2 days after establishing a new domicile, the individual 

3 shall— 

4 (A) appear before a person designated by 

5 the individual’s domicile State and provide the 

6 address of the new domicile, and the address of 

7 the previous domicile; and 

8 (B) if the new domicile and the previous 

9 domicile are not both within the jurisdiction of 

10 a single State actor or tribal actor qualified 

11 under this Act, appear before a person des12 ignated by the individual’s new domicile State 

13 and— 

14 (i) provide the address of the new 

15 domicile and the address of the previous 

16 domicile; and 

17 (ii) submit to the taking of a photo18 graph and the taking of fingerprints. 

19 (2) CHANGE OF EMPLOYMENT.—Not more than 

20 3 days after beginning, or ceasing, to be employed 

21 by an employer, the individual shall appear before, 

22 and provide notice of the beginning or ceasing, and 

23 the name and address of the employer, to— 

24 (A) a person designated by the individual’s 

25 domicile State; and 
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1 (B) if the individual’s work State is dif2 ferent from the domicile State, a person des3 ignated by the individual’s work State. 

4 (3) CHANGE OF STUDENT STATUS.—Not more 

5 than 3 days after beginning, or ceasing, to be a stu6 dent at an educational institution, the individual 

7 shall appear before, and provide notice of the begin8 ning or ceasing, and the name and address of the 

9 educational institution, to— 

10 (A) a person designated by the individual’s 

11 domicile State; and 

12 (B) if the individual’s school State is dif13 ferent from the domicile State, a person des14 ignated by the individual’s school State. 

15 (c) DUTY TO PROVIDE INFORMATION TO ATTORNEY

16 GENERAL.— 

17 (1) IF STATE ACTOR OR TRIBAL ACTOR NOT

18 QUALIFIED.—Whenever an individual is required by 

19 subsection (a) or (b) to provide information to a 

20 State actor or tribal actor, and the actor is not 

21 qualified for purposes of this Act, the individual 

22 shall also provide that information (in the same 

23 time, place, and manner as prescribed in subsection 

24 (a) or (b), as the case may be) to the Attorney Gen25 eral, and a failure to do so shall be treated for pur-
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1 poses of this Act as a violation of subsection (a) or 

2 (b), as the case may be. 

3 (2) IF PROVIDING INFORMATION TO MORE

4 THAN ONE STATE.—Whenever an individual is re5 quired by subsection (a) or (b) to provide informa6 tion to more than one State actor or tribal actor, the 

7 individual shall also provide that information (in the 

8 same time, place, and manner as prescribed in sub9 section (a) or (b), as the case may be) to the Attor10 ney General, and a failure to do so shall be treated 

11 for purposes of this Act as a violation of subsection 

12 (a) or (b), as the case may be. 

13 (d) PUNISHMENT.— 

14 (1) IN GENERAL.—A covered individual who 

15 violates subsection (a) or (b) shall— 

16 (A) on the first conviction, be fined under 

17 title 18, United States Code, and imprisoned 

18 not more than 5 years (or, in the case of a sex19 ually violent predator, not more than 10 years), 

20 and shall thereafter be subject to supervised re21 lease for not less than 36 months; and 

22 (B) on any conviction after the first, be 

23 fined under title 18, United States Code, and 

24 imprisoned not more than 20 years (or, in the 

25 case of a sexually violent predator, for life), and 
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1 shall thereafter be subject to supervised release 

2 for life. 

3 (2) STRICT CULPABILITY.—In a prosecution for 

4 a violation of subsection (a) or (b), the state of mind 

5 of the individual committing the violation is not an 

6 element of the offense and it need not be proven 

7 that the individual had any particular state of mind 

8 with respect to any element of the offense. 

9 (3) AFFIRMATIVE DEFENSE.—In a prosecution 

10 for a violation of subsection (a) or (b), it is an af11 firmative defense that uncontrollable circumstances 

12 prevented the individual from complying, and that 

13 the individual did not contribute to the creation of 

14 such circumstances in reckless disregard of the re15 quirement to comply, and that the individual com16 plied as soon as such circumstances ceased to exist. 

17 (4) VIOLATIONS ARE CONTINUING.—A violation 

18 of subsection (a) or (b) is a continuing violation for 

19 purposes of the statute of limitations. 

20 (e) EXCEPTION FOR CERTAIN INDIVIDUALS.—Sub21 sections (a) and (b) apply to any covered individual, unless 

22 each of the following is true with respect to the covered 

23 individual: 

24 (1) The individual is not a sexually violent 

25 predator. 
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1 (2) The individual has only one conviction for 

2 an offense that qualifies the individual as a covered 

3 individual. 

4 (3) A period of at least 20 years, excluding en5 suing periods of imprisonment, has expired since the 

6 date on which the individual was sentenced for, or 

7 completed the term of imprisonment for, the convic8 tion described in paragraph (2). 

9 (4) the conviction referred to in paragraph (2) 

10 was not for aggravated sexual abuse (as defined in 

11 section 2241 of title 18, United States Code) or a 

12 comparable, or more severe, offense. 

13 SEC. 104. DUTY OF COVERED INDIVIDUALS ON PAROLE OR 

14 SUPERVISED RELEASE TO COMPLY WITH DE15 VICE REQUIREMENTS. 

16 (a) IN GENERAL.—A covered individual shall comply 

17 with any requirements that the Attorney General pre18 scribes under subsection (b)— 

19 (1) for the period of supervised release or pa20 role, if the individual has only one conviction for an 

21 offense that qualifies the individual as a covered in22 dividual; and 

23 (2) for the life of the individual, in all other 

24 cases. 

25 (b) REGULATIONS REQUIRED.— 
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1 (1) IN GENERAL.—The Attorney General, in 

2 consultation with State actors and tribal actors, 

3 shall prescribe regulations to ensure that every cov4 ered individual referred to in subsection (a) wears 

5 and maintains a device that transmits information 

6 about the individual’s whereabouts to the domicile 

7 State. 

8 (2) PENALTIES FOR FAILURE TO COMPLY.— 

9 The regulations shall include penalties for the failure 

10 of the covered individual to wear or maintain the de11 vice. 

12 (3) DEVICES AND PROCEDURES.—The regula13 tions shall describe the devices to be used and, for 

14 each such device, the procedures to be followed by 

15 the individual and the domicile State. The type of 

16 device to be used may vary from domicile State to 

17 domicile State, from offense to offense, or both. 

18 SEC. 105. DUTIES OF ATTORNEY GENERAL AND STATE OR 

19 TRIBAL ACTORS. 

20 (a) WHEN AN INDIVIDUAL PROVIDES INFORMA21 TION.—Whenever an individual is required by this Act to 

22 provide information (including information such as photo23 graphs and fingerprints) to the Attorney General, to a 

24 State actor or tribal actor, or to both, the Attorney Gen25 eral (or the actor, or both, as the case may be) shall— 
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1 (1) ensure that the individual complies with the 

2 requirement; 

3 (2) ensure that the information provided is ac4 curate and complete; 

5 (3) ensure that the information provided is in6 cluded in the National Sex Offender Registry; and 

7 (4) ensure that the information is promptly— 

8 (A) made available to any law enforcement 

9 agency responsible for the area in which the in10 dividual’s domicile is located and to the State 

11 law enforcement agency of the domicile State; 

12 (B) entered into the appropriate records or 

13 data system of the actor; and 

14 (C) made available by the actor, together 

15 with information relating to criminal history, to 

16 the Attorney General. 

17 (b) WHEN A COVERED INDIVIDUAL IS MISSING.— 

18 (1) STATE OR TRIBAL ACTOR.—Whenever infor19 mation is made known to a State actor or tribal 

20 actor that an individual has violated section 

21 103(a)(1) or section 103(b), the actor shall promptly 

22 notify the Attorney General of that information. 

23 (2) ATTORNEY GENERAL.—Whenever informa24 tion is made known to the Attorney General that an 

25 individual has violated section 103(a)(1) or section 
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1 103(b), or is notified of information under para2 graph (1), the Attorney General shall— 

3 (A) revise the National Sex Offender Reg4 istry to reflect that information; and 

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

6 wanted person file of the National Crime Infor7 mation Center and create a wanted persons 

8 record: Provided, That an arrest warrant which 

9 meets the requirements for entry into the file is 

10 issued in connection with the violation. 

11 (c) WHEN A COVERED INDIVIDUAL CHANGES AD12 DRESS.— 

13 (1) IN GENERAL.—The Attorney General and 

14 each State actor or tribal actor shall ensure that, 

15 whenever information is made known to the Attor16 ney General or to that actor (as the case may be) 

17 that a covered individual has established a new 

18 domicile, and the individual’s new domicile State and 

19 previous domicile State are not the same, the infor20 mation about the new domicile and all other infor21 mation collected under this Act about the individual 

22 is promptly made available to— 

23 (A) the local law enforcement agencies re24 sponsible for the area in which the previous 
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1 domicile is located, and to those responsible for 

2 the area in which the new domicile is located; 

3 (B) the previous domicile State; and 

4 (C) the new domicile State. 

5 (2) ELECTRONIC FORWARDING.—In addition to 

6 the requirements of paragraph (1), the Attorney 

7 General shall ensure (through the National Sex Of8 fender Registry or otherwise) that, whenever infor9 mation is made known to the Attorney General that 

10 a covered individual has established a new domicile, 

11 and the individual’s new domicile State and previous 

12 domicile State are not the same, the information 

13 about the new domicile and all other information col14 lected under this Act about the individual is auto15 matically and immediately, by means of electronic 

16 forwarding, transmitted to the new domicile State, if 

17 the new domicile State is qualified for purposes of 

18 this Act. 

19 (d) WHEN A COVERED INDIVIDUAL IS SENTENCED

20 OR COMPLETES A TERM OF IMPRISONMENT.—The Attor21 ney General and each State actor or tribal actor shall en22 sure that, immediately after a covered individual is sen23 tenced for an offense that qualifies the individual as a cov24 ered individual (or, if the individual is imprisoned for that 
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1 offense, immediately before completing the term of impris2 onment), a responsible official— 

3 (1) notifies the Attorney General that the indi4 vidual has completed the term of imprisonment; and 

5 (2) notifies the individual of the individual’s du6 ties under this Act. 

7 SEC. 106. STATE AND TRIBAL SEX OFFENDER REGISTRIES. 

8 (a) STATEWIDE REGISTRY REQUIRED.—Each State 

9 actor or tribal actor shall maintain, throughout its juris10 diction, a single comprehensive registry of information col11 lected under this Act. 

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

13 State actor or tribal actor shall have in effect, throughout 

14 its jurisdiction, a single public information program that 

15 includes the following elements: 

16 (1) INTERNET SITE.— 

17 (A) IN GENERAL.—The actor shall release 

18 to the public, through an Internet site main19 tained by the actor, all information, except for 

20 Social Security numbers and information relat21 ing to a covered individual for an offense com22 mitted when the covered individual had not at23 tained the age of 18 years, collected under this 

24 Act. The site shall have multiple field search ca25 pability and shall include, for each covered indi-
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1 vidual, the name, aliases, home address, work 

2 address, photograph, conviction for which reg3 istration is required, and risk level. The site 

4 shall include, as much as practicable, links to 

5 sex offender safety and education resources. 

6 (B) INTEGRATION OF STATE SITES.—The 

7 actor shall consult with other State actors and 

8 tribal actors to ensure, as much as practicable, 

9 that the site integrates with and shares infor10 mation with the sites maintained by those other 

11 actors. 

12 (C) CORRECTION OF ERRORS.—The site 

13 shall contain instructions on the process for 

14 correcting information that a person alleges to 

15 be erroneous. 

16 (D) RISK LEVEL.—For purposes of this 

17 paragraph, the risk level for an individual shall 

18 be determined under procedures established by 

19 the actor, under which the individual is pro20 vided notice and an opportunity to present evi21 dence, including witnesses, to the trier of fact, 

22 and upon proof of indigent status is provided 

23 counsel at the expense of the actor. The actor 

24 shall establish not fewer than two risk levels. 
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1 (2) COMMUNITY NOTIFICATION.—Appropriate 

2 law enforcement agencies shall release information 

3 collected under this Act relating to a covered indi4 vidual to— 

5 (A) public and private schools, child care 

6 providers, and businesses that provide services 

7 or products to children, located within a radius, 

8 prescribed by the Attorney General, of the home 

9 or work address of the individual; and 

10 (B) residents who reside within a radius, 

11 prescribed by the Attorney General, of the home 

12 or work address of the individual. 

13 (c) PUBLICATION OF NUMBER OF OFFENDERS REG14 ISTERED.—Every three months, the Attorney General 

15 shall collect from each State actor and tribal actor infor16 mation on the total number of covered individuals included 

17 in the registry maintained by that State actor or tribal 

18 actor. The Attorney General shall release that information 

19 to the public in a manner consistent with this Act. 

20 (d) REPORT.—Not later than 1 year after the date 

21 of the enactment of this Act, the Attorney General shall 

22 submit to Congress a report on the feasibility of requiring 

23 State actors and tribal actors to actively notify individuals 

24 within a community should a covered individual move into 

25 that community. 
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1 SEC. 107. NATIONAL SEX OFFENDER REGISTRY. 

2 (a) IN GENERAL.—The Attorney General shall main3 tain a database to track the whereabouts and movements 

4 of covered individuals. The database shall be known as the 

5 National Sex Offender Registry. 

6 (b) DISCRETIONARY RELEASE OF INFORMATION.— 

7 (1) IN GENERAL.—Subject to paragraph (2), 

8 the Attorney General may release information in the 

9 National Sex Offender Registry concerning a covered 

10 individual if the Attorney General determines that 

11 the information released is relevant and necessary to 

12 protect the public. 

13 (2) IDENTITY OF VICTIM.—The Attorney Gen14 eral shall not, under paragraph (1), release the iden15 tity of the victim of an offense by reason of which 

16 an individual is a covered individual. 

17 (c) REQUIRED DISCLOSURES TO CRIMINAL JUSTICE

18 AGENCIES.—The Attorney General shall disclose informa19 tion in the National Sex Offender Registry— 

20 (1) to Federal, State, and local criminal justice 

21 agencies— 

22 (A) for law enforcement purposes; and 

23 (B) for releases of information under sub24 section (b); and 

25 (2) to Federal, State, and local governmental 

26 agencies responsible for conducting employment-re-
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1 lated background checks under section 3 of the Na2 tional Child Protection Act of 1993 (42 U.S.C. 

3 5119a). 

4 SEC. 108. DEVELOPMENT AND AVAILABILITY OF REGISTRY 

5 MANAGEMENT SOFTWARE. 

6 (a) DEVELOPMENT OF SOFTWARE REQUIRED.—The 

7 Attorney General, in consultation with State actors and 

8 tribal actors, shall develop a software application that can 

9 be used by State actors and tribal actors for purposes of 

10 this Act. The software shall operate in such a manner that 

11 a State actor or tribal actor can, by using the software, 

12 fully comply with all the requirements under this Act for 

13 collecting, managing, and exchanging information (includ14 ing exchanging information with other State actors and 

15 tribal actors). 

16 (b) AVAILABILITY TO STATE AND TRIBAL ACTORS.— 

17 (1) IN GENERAL.—The Attorney General shall 

18 make the software developed under this section 

19 available to State actors and tribal actors. The first 

20 complete edition of the software shall be made avail21 able within 2 years after the date of the enactment 

22 of this Act. 

23 (2) FEE.—The Attorney General shall make the 

24 software available under paragraph (1) for a fee not 

25 more than one percent of the Attorney General’s 
26 

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1 cost to develop, implement, and support the soft2 ware. 

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

4 that a State actor or tribal actor purchasing the software 

5 is provided technical support for the installation of the 

6 software and for maintaining the software. 

7 SEC. 109. DNA DATABASE FOR COVERED INDIVIDUALS. 

8 (a) DATABASE REQUIRED.—The Attorney General 

9 shall establish and maintain a database for the purposes 

10 of— 

11 (1) managing DNA information with respect to 

12 covered individuals; and 

13 (2) making that information available to Fed14 eral, State, and local law enforcement agencies for 

15 use by those agencies in a manner consistent with 

16 this Act. 

17 (b) REGULATIONS.—Under regulations issued by the 

18 Attorney General— 

19 (1) Federal, State, and local agencies and other 

20 entities may submit DNA information to the Attor21 ney General for inclusion in the database; 

22 (2) Federal, State, and local law enforcement 

23 agencies may compare DNA information against 

24 other DNA information in the database; and 
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1 (3) Federal, State, and local prosecutors may 

2 use DNA information in prosecutions. 

3 SEC. 110. DUTY OF COURTS TO DETERMINE WHETHER AN 

4 INDIVIDUAL IS A SEXUALLY VIOLENT PRED5 ATOR. 

6 (a) IN GENERAL.—A determination of whether an in7 dividual is a sexually violent predator for purposes of this 

8 Act shall be made by a court after considering the rec9 ommendation of a board composed of experts in the behav10 ior and treatment of sex offenders, victims’ rights advo11 cates, and representatives of law enforcement agencies. 

12 (b) WAIVER.—The Attorney General may waive the 

13 requirements of subsection (a) with respect to a State 

14 actor or tribal actor if the Attorney General determines 

15 that the State actor or tribal actor has established alter16 native procedures or legal standards for designating a per17 son as a sexually violent predator. 

18 (c) DEFINITIONS.—In this section: 

19 (1) MENTAL ABNORMALITY.—The term ‘‘men20 tal abnormality’’ means a congenital or acquired 

21 condition of an individual that affects the emotional 

22 or volitional capacity of the individual in a manner 

23 that predisposes that individual to the commission of 

24 criminal sexual acts to a degree that makes the per-
28 

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1 son a menace to the health and safety of other per2 sons. 

3 (2) PREDATORY.—The term ‘‘predatory’’ means 

4 an act directed at an individual (whether or not a 

5 relationship with that individual has been established 

6 or promoted) for the primary purpose of victimiza7 tion. 

8 SEC. 111. DUTY OF ATTORNEY GENERAL TO DETERMINE 

9 WHETHER STATE OR TRIBAL ACTORS ARE 

10 QUALIFIED. 

11 (a) IN GENERAL.—A determination of whether a 

12 State actor or tribal actor is qualified for purposes of this 

13 Act shall be made by the Attorney General in accordance 

14 with this section. 

15 (b) REQUIREMENTS.—The Attorney General may de16 termine that a State actor or tribal actor is qualified if, 

17 as determined by the Attorney General, each of the fol18 lowing apply: 

19 (1) The actor has in effect, throughout its juris20 diction, laws that implement the requirements of 

21 section 103, or substantially similar requirements, 

22 with respect to each covered individual whose domi23 cile is within that jurisdiction. 
29 

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1 (2) The actor participates in the National Sex 

2 Offender Registry in the manner that the Attorney 

3 General considers appropriate. 

4 (3) The actor ensures that an audit of the ac5 tivities carried out under this Act is carried out at 

6 least once each year and that the findings of each 

7 audit are promptly reported to the Attorney General. 

8 (c) REPORTS TO CONGRESS.—Each year, the Attor9 ney General shall submit to Congress a report identifying 

10 the extent to which each State actor or tribal actor is 

11 qualified for purposes of this Act. 

12 SEC. 112. USE OF OTHER FEDERAL INFORMATION TO 

13 TRACK SEX OFFENDERS. 

14 (a) TAXPAYER INFORMATION.—The Secretary of the 

15 Treasury, in coordination with the Attorney General, shall 

16 develop and maintain a system under which taxpayer in17 formation that pertains to a covered individual and is use18 ful in locating the individual, or in verifying information 

19 with respect to the individual, is made available to Fed20 eral, State, and local law enforcement agencies for use by 

21 those agencies in a manner consistent with this Act. 

22 (b) SOCIAL SECURITY INFORMATION.—The Sec23 retary of Health and Human Services, in coordination 

24 with the Attorney General, shall develop and maintain a 

25 system under which Social Security information that per-
30 

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1 tains to a covered individual and is useful in locating the 

2 individual, or in verifying information with respect to the 

3 individual, is made available to Federal, State, and local 

4 law enforcement agencies for use by those agencies in a 

5 manner consistent with this Act. 

6 SEC. 113. IMPLEMENTATION BY STATE AND TRIBAL AC7 TORS AND ASSISTANCE GRANTS TO THOSE 

8 ACTORS. 

9 (a) IMPLEMENTATION BY STATE AND TRIBAL AC10 TORS.— 

11 (1) IN GENERAL.—Each State actor or tribal 

12 actor shall have not more than 3 years from the date 

13 of the enactment of this Act in which to fully imple14 ment this Act. 

15 (2) IMPLEMENTATION BY TRIBES AND IN IN16 DIAN COUNTRY.—The Attorney General shall coordi17 nate with the Secretary of the Interior to assist trib18 al actors in fully implementing this Act throughout 

19 the jurisdiction of each tribal actor. 

20 (b) INELIGIBILITY FOR FUNDS.— 

21 (1) IN GENERAL.—For any fiscal year after the 

22 expiration of the period specified in subsection 

23 (a)(1), a State actor or tribal actor that fails to fully 

24 implement this Act shall not receive 10 percent of 

25 the funds that would otherwise be allocated for that 
31 

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1 fiscal year to the actor under any of the following 

2 programs: 

3 (A) BYRNE.—Subpart 1 of Part E of title 

4 I of the Omnibus Crime Control and Safe 

5 Streets Act of 1968 (42 U.S.C. 3750 et seq.), 

6 whether characterized as the Edward Byrne 

7 Memorial State and Local Law Enforcement 

8 Assistance Programs, the Edward Byrne Me9 morial Justice Assistance Grant Program, or 

10 otherwise. 

11 (B) LLEBG.—The Local Government 

12 Law Enforcement Block Grants program. 

13 (C) OTHER LAW ENFORCEMENT

14 GRANTS.—Any other program under which the 

15 Attorney General provides grants or other fi16 nancial assistance, except for the SOMA pro17 gram under this section. 

18 (2) REALLOCATION.—Amounts not allocated 

19 under a program referred to in paragraph (1) to an 

20 actor for failure to fully implement this Act shall be 

21 reallocated under that program to State actors and 

22 tribal actors that have not failed to fully implement 

23 this Act. 

24 (c) SEX OFFENDER MANAGEMENT ASSISTANCE PRO25 GRAM.— 
32 

S 1086 RS 

1 (1) IN GENERAL.—From amounts made avail2 able to carry out this subsection, the Attorney Gen3 eral shall carry out a program, to be known as the 

4 Sex Offender Management Assistance program (in 

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

6 under which the Attorney General awards a grant to 

7 each State actor or tribal actor to offset costs di8 rectly associated with implementing this Act. 

9 (2) DISTRIBUTION OF FUNDS.—Each grant 

10 awarded under the SOMA program shall be distrib11 uted directly to the State actor or tribal actor for 

12 distribution by that actor to public entities within 

13 that actor. 

14 (3) USES.— 

15 (A) IN GENERAL.—Subject to subpara16 graph (B), each grant awarded under the 

17 SOMA program shall be used for training, sala18 ries, equipment, materials, and other costs di19 rectly associated with implementing this Act, 

20 including the costs of acquiring and using de21 vices in carrying out section 104. 

22 (B) DATABASES OF INDIVIDUALS IN CUS23 TODY.—Up to 10 percent of a grant awarded 

24 under the SOMA program may be used to par25 ticipate in one or more databases that identify 
33 

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1 individuals in custody, such as the 

2 JusticeXchange database. 

3 (4) ELIGIBILITY.— 

4 (A) APPLICATION.—To be eligible to re5 ceive a grant under the SOMA program, the 

6 chief executive of a State actor or tribal actor 

7 shall, on an annual basis, submit to the Attor8 ney General an application (in such form and 

9 containing such information as the Attorney 

10 General may reasonably require) assuring 

11 that— 

12 (i) the actor has fully implemented (or 

13 is making a good faith effort to fully im14 plement) this Act; and 

15 (ii) where applicable, the actor has 

16 penalties comparable to or greater than 

17 Federal penalties for crimes listed in this 

18 Act, except that the Attorney General may 

19 waive the requirement of this clause if an 

20 actor demonstrates an overriding need for 

21 assistance under the SOMA program. 

22 (B) REGULATIONS.—Not later than 90 

23 days after the date of the enactment of this 

24 Act, the Attorney General shall promulgate reg25 ulations to implement the procedures used (in-
34 

S 1086 RS 

1 cluding the information that must be included 

2 and the requirements that the State actors or 

3 tribal actors must meet) in submitting an appli4 cation under the SOMA program. 

5 (5) ALLOCATION OF FUNDS.—In allocating 

6 funds under the SOMA program, the Attorney Gen7 eral may consider the number of covered individuals 

8 registered in each actor’s registry. 

9 (6) INCORPORATION OF CERTAIN TRAINING

10 PROGRAMS.—Before implementing the SOMA pro11 gram, the Attorney General shall study the feasi12 bility of incorporating into the SOMA program the 

13 activities of any technical assistance or training pro14 gram established as a result of section 40152 of the 

15 Violent Crime Control and Law Enforcement Act of 

16 1994 (42 U.S.C. 13941). In a case in which incor17 porating such activities into the SOMA program will 

18 eliminate duplication of efforts or administrative 

19 costs, the Attorney General shall take administrative 

20 actions, as allowable, and make recommendations to 

21 Congress to incorporate such activities into the 

22 SOMA program. 

23 (d) INCENTIVES.— 

24 (1) BONUS PAYMENTS FOR EARLY COMPLI25 ANCE.—A State actor or tribal actor that has fully 
35 

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1 implemented this Act within 2 years after the date 

2 of the enactment of this Act is eligible for a bonus 

3 payment under the SOMA program for the fiscal 

4 year after the Attorney General certifies that the 

5 actor has achieved full implementation. The amount 

6 of the bonus payment shall be equal to 5 percent of 

7 the funds that the actor received under the SOMA 

8 program for the preceding fiscal year. However, if 

9 the actor has fully implemented this Act within 1 

10 year after such date of enactment, the amount of the 

11 bonus payment shall instead be equal to 10 percent 

12 of the funds that the actor received under the 

13 SOMA program for the preceding fiscal year. An 

14 actor may receive a bonus payment under this para15 graph only once during the course of the SOMA pro16 gram. 

17 (2) REDUCED PAYMENTS FOR LATE COMPLI18 ANCE.—A State actor or tribal actor that has failed 

19 to fully implement this Act within 3 years after the 

20 date of the enactment of this Act is subject to a pay21 ment reduction under the SOMA program for the 

22 following fiscal year. The amount of the payment re23 duction shall be equal to 5 percent of the funds that 

24 would otherwise be allocated to the actor under the 

25 SOMA program for that fiscal year. In addition, if 
36 

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1 the actor has failed to fully implement this Act with2 in 4 years after such date of enactment, the amount 

3 of the payment reduction shall be equal to 10 per4 cent of the funds that would otherwise be allocated 

5 to the actor under the SOMA program for that fis6 cal year. An actor may be subject to a payment re7 duction under this paragraph only twice during the 

8 course of the SOMA program. 

9 (e) REPORTS TO CONGRESS.—Each year, the Attor10 ney General shall submit to Congress a report identifying 

11 the extent to which each State actor or tribal actor has 

12 fully implemented this Act. 

13 SEC. 114. IMMUNITY FOR GOOD FAITH CONDUCT. 

14 A law enforcement agency, an employee of a law en15 forcement agency, a contractor acting at the direction of 

16 a law enforcement agency, and an officer of a State actor 

17 or tribal actor are immune from liability for good faith 

18 efforts to carry out this Act. 

19 SEC. 115. REGULATIONS. 

20 The Attorney General shall issue regulations to carry 

21 out this Act. 

22 SEC. 116. AUTHORIZATION OF APPROPRIATIONS. 

23 There is authorized to be appropriated for each of 

24 fiscal years 2006 through 2009 such sums as may be nec25 essary to carry out this Act. 
37 

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1 TITLE II—AMENDATORY PROVI2 SIONS, TRANSITION PROVI3 SIONS, AND EFFECTIVE DATE 

4 SEC. 201. FAILURE TO PROVIDE INFORMATION A DEPORT5 ABLE OFFENSE. 

6 Section 237(a)(2)(A) of the Immigration and Nation7 ality Act (8 U.S.C. 1227(a)(2)(A)) is amended— 

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

9 and 

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

11 new clause: 

12 ‘‘(v) FAILURE TO PROVIDE REGISTRA13 TION INFORMATION AS A SEX OF14 FENDER.—Any alien who is convicted 

15 under subsection (d) of section 103 of the 

16 Sex Offender Registration and Notification 

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

18 of such section is deportable.’’. 

19 SEC. 202. REPEAL. 

20 Sections 170101 (42 U.S.C. 14071) and 170102 (42 

21 U.S.C. 14072) of the Violent Crime Control and Law En22 forcement Act of 1994 are repealed. 
38 

S 1086 RS 

1 SEC. 203. CONFORMING AMENDMENTS TO TITLE 18, UNITED 

2 STATES CODE. 

3 The following provisions of title 18, United States 

4 Code, are each amended by striking ‘‘and that the person 

5 register in any State where the person resides, is em6 ployed, carries on a vocation, or is a student (as such 

7 terms are defined under section 170101(a)(3) of the Vio8 lent Crime Control and Law Enforcement Act of 1994)’’ 

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

10 Offender Registration and Notification Act’’: 

11 (1) PROBATION.—Section 3563(a)(8). 

12 (2) SUPERVISED RELEASE.—Section 3583(d). 

13 SEC. 204. EFFECTIVE DATE. 

14 This Act and the amendments made by this Act take 

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

16 enactment of this Act. 

17 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

19 (1) the ‘‘Jacob Wetterling, Megan Nicole Kanka, 

20 and Pam Lychner Sex Offender Registration and No21 tification Grant Act’’; 

22 (2) the ‘‘Sex Offender Registration and Notifica23 tion Act’’; or 

24 (3) the ‘‘Jetseta Gage Prevention and Deterrence 

25 of Crimes Against Children Act of 2005’’. 
39 

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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Effective date. 

TITLE I—JACOB WETTERLING, MEGAN NICOLE KANKA, AND PAM 

LYCHNER SEX OFFENDER REGISTRATION AND NOTIFICATION 

GRANT PROGRAM 

Sec. 101. Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender 

Registration and Notification Grant Program. 

Sec. 102. Definitions. 

Sec. 103. Assistance grants to participating States. 

Sec. 104. Duty of covered individuals to provide information. 

Sec. 105. Duties of Attorney General and participating States. 

Sec. 106. Participating state sex offender registries. 

Sec. 107. Development and availability of registry management software. 

Sec. 108. Election by Indian tribes. 

Sec. 109. Provision of notice and access to Indian tribes. 

Sec. 110. Applicability to minors. 

Sec. 111. Rule of construction. 

Sec. 112. Immunity for good faith conduct. 

Sec. 113. State unconstitutionality. 

Sec. 114. Regulations. 

Sec. 115. Authorization of appropriations. 

Sec. 116. Effect on current law. 

TITLE II—DRU SJODIN NATIONAL SEX OFFENDER PUBLIC 

DATABASE ACT OF 2005 

Sec. 201. Short title and definitions. 

Sec. 202. National sex offender public registry. 

Sec. 203. Release of high-risk inmates. 

TITLE III—JETSETA GAGE PREVENTION AND DETERRENCE OF 

CRIMES AGAINST CHILDREN ACT OF 2005 

Sec. 301. Short title. 

Sec. 302. Assured punishment for violent crimes against children. 

Sec. 303. Increased penalties for sexual offenses against children. 

TITLE IV—JESSICA LUNSFORD AND SARAH LUNDE ACT 

Sec. 401. Short title. 

Sec. 402. Pilot program for monitoring sexual offenders. 

TITLE V—MISCELLANEOUS PROVISIONS 

Sec. 501. Access to Interstate Identification Index. 

Sec. 502. Limitation on liability for NCMEC. 

Sec. 503. Missing child reporting requirements. 

Sec. 504. Treatment and management of sex offenders in the Bureau of Prisons. 

Sec. 505. Authorization for American Prosecutors Research Institute. 

Sec. 506. Sex offender apprehension grants. 
40 

S 1086 RS 

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 enact4 ment of this Act. 

5 TITLE I—JACOB WETTERLING, 

6 MEGAN NICOLE KANKA, AND 

7 PAM LYCHNER SEX OF8 FENDER REGISTRATION AND 

9 NOTIFICATION GRANT PRO10 GRAM 

11 SEC. 101. JACOB WETTERLING, MEGAN NICOLE KANKA, AND 

12 PAM LYCHNER SEX OFFENDER REGISTRA13 TION AND NOTIFICATION GRANT PROGRAM. 

14 The Attorney General shall establish guidelines for 

15 States’ sex offender registration programs pursuant to this 

16 title. Collectively, the guidelines and the programs shall be 

17 known as the ‘‘Jacob Wetterling, Megan Nicole Kanka, and 

18 Pam Lychner Sex Offender Registration and Notification 

19 Program’’. 
41 

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1 SEC. 102. DEFINITIONS. 

2 In this title: 

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

4 individual’’ means any adult or juvenile in a partici5 pating domicile State, participating work State, or 

6 participating school State convicted as an adult— 

7 (A) who has been convicted of a covered of8 fense against a minor; 

9 (B) who has been convicted of a sexually 

10 violent offense; 

11 (C) who has been convicted of an offense de12 scribed in paragraph (2); 

13 (D) who has been convicted of an offense 

14 under State law that is similar to the offenses 

15 described in described in paragraph (2); 

16 (E) who is described in section 4042(c)(4) of 

17 title 18, United States Code, except for those con18 victed of a violation of section 2257 or 2258 of 

19 title 18, United States Code; or 

20 (F) who has been sentenced by a court mar21 tial for conduct in a category specified by the 

22 Secretary of Defense under section 115(a)(8)(C) 

23 of title I of Public Law 105–119 (10 U.S.C. 951 

24 note). 

25 (2) COVERED OFFENSE AGAINST A MINOR.— 
42 

S 1086 RS 

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

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

3 against a minor’’ means an offense (whether 

4 under the law of a State, Federal law, or mili5 tary law) that is comparable to or more severe 

6 than any of the following offenses: 

7 (i) Kidnapping of a minor, except by 

8 a parent or guardian of the minor, if sexual 

9 conduct toward the minor is proved beyond 

10 a reasonable doubt. 

11 (ii) False imprisonment of a minor, 

12 except by a parent or guardian of the 

13 minor, if sexual conduct toward the minor 

14 is proved beyond a reasonable doubt. 

15 (iii) Criminal sexual conduct toward a 

16 minor. 

17 (iv) Solicitation of a minor to engage 

18 in sexual conduct. 

19 (v) Use of a minor in a sexual per20 formance. 

21 (vi) Solicitation of a minor to practice 

22 prostitution. 

23 (vii) Possession, production, or dis24 tribution of child pornography, as described 
43 

S 1086 RS 

1 in section 2251, 2252, or 2252A of title 18, 

2 United States Code. 

3 (viii) Use of the Internet to facilitate 

4 or commit a covered offense against a minor 

5 or to attempt to commit such an offense 

6 against an agent of the government who has 

7 been represented to be a minor. 

8 (ix) Video voyeurism as described in 

9 section 1801 of title 18, United States Code, 

10 when committed against a minor. 

11 (x) An attempt or conspiracy to com12 mit any of the offenses listed in this defini13 tion. 

14 (B) CONVICTIONS UNDER THE LAWS OF A

15 FOREIGN COUNTRY.—The term ‘‘covered offense 

16 against a minor’’ includes convictions for of17 fenses specified in subparagraph (A) that have 

18 been obtained under the laws of any foreign na19 tion that has been certified by the Attorney Gen20 eral, after notice and an opportunity for a hear21 ing, as having a sufficiently reliable criminal 

22 justice system. 

23 (C) EXCEPTION FOR CERTAIN OFFENSES.— 

24 The term ‘‘covered offense against a minor’’ does 

25 not include an offense if the conduct on which 
44 

S 1086 RS 

1 the offense is based is criminal only because of 

2 the age of the victim, and if individual had com3 mitted the offense either had not attained the age 

4 of 18 years or was less than 4 years older than 

5 the victim when the offense was committed. 

6 (3) DOMICILE.—The term ‘‘domicile’’ means, 

7 with respect to an individual, any place that serves 

8 as the primary place at which the individual lives. 

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

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

11 within the jurisdiction of which is the individual’s 

12 domicile. 

13 (5) EDUCATIONAL INSTITUTION.—The term 

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

15 private) any secondary school, trade or professional 

16 institution, and institution of higher education. 

17 (6) EMPLOYMENT.—The term ‘‘employment’’ in18 cludes carrying on a vocation and covers any labor 

19 or service rendered (whether as a volunteer or for 

20 compensation or for government or educational ben21 efit) on a full-time or part-time basis. 

22 (7) MINOR.—The term ‘‘minor’’ means any per23 son who has not attained the age of 18 years or the 

24 age of consent in the relevant jurisdiction, whichever 

25 age is lower. 
45 

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1 (8) NATIONAL SEX OFFENDER REGISTRY.—The 

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

3 database maintained by the Attorney General pursu4 ant to section 105. 

5 (9) NATIONAL SEX OFFENDER PUBLIC REG6 ISTRY.—The term ‘‘National Sex Offender Public 

7 Registry’’ means the Internet site maintained by the 

8 Attorney General pursuant to section 202. 

9 (10) PARTICIPATING STATE.—The term ‘‘partici10 pating State’’ means a State participating in the 

11 grant program authorized under this title. 

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

13 means, with respect to an individual, the State with14 in the jurisdiction of which the educational institu15 tion at which the individual is a student is located. 

16 (12) SEXUALLY VIOLENT OFFENSE.—The term 

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

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

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

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

21 (A) Aggravated sexual abuse or sexual abuse 

22 (as described in sections 2241 and 2242 of title 

23 18, United States Code). 

24 (B) An attempt or conspiracy to commit 

25 such an offense. 
46 

S 1086 RS 

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

2 the following: 

3 (A) A State. 

4 (B) The District of Columbia, the Common5 wealth of Puerto Rico, Guam, American Samoa, 

6 the United States Virgin Islands, or the Northern 

7 Mariana Islands. 

8 (C) A federally recognized Indian tribe that 

9 has elected in accordance with section 108 to 

10 carry out this Act as a jurisdiction subject to its 

11 provisions. 

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

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

14 basis, enrolls in or attends an educational institution. 

15 (15) TIER I INDIVIDUAL.—The term ‘‘Tier I in16 dividual’’ means an individual required to register 

17 under this title who is subject to the least intensive 

18 registration requirements, as determined in accord19 ance with criteria promulgated under section 

20 106(b)(1)(E). 

21 (16) TIER II INDIVIDUAL.—The term ‘‘Tier II in22 dividual’’ means an individual required to register 

23 under this title who is subject to more intensive reg24 istration requirements than Tier I individuals, as de-
47 

S 1086 RS 

1 termined in accordance with criteria promulgated 

2 under section 106(b)(1)(E). 

3 (17) TIER III INDIVIDUAL.—The term ‘‘Tier III 

4 individual’’ means an individual required to register 

5 under this title who is subject to the most intensive 

6 registration requirements, as determined in accord7 ance with criteria promulgated under section 

8 106(b)(1)(E). 

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

10 means, with respect to an individual, the State with11 in the jurisdiction of which the individual’s current 

12 place of employment is located or, if the individual 

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

14 employment. 

15 SEC. 103. ASSISTANCE GRANTS TO PARTICIPATING STATES. 

16 (a) SEX OFFENDER MANAGEMENT ASSISTANCE PRO17 GRAM.— 

18 (1) IN GENERAL.—From amounts made avail19 able to carry out this subsection, the Attorney General 

20 shall carry out a program, to be known as the Sex 

21 Offender Management Assistance program (in this 

22 section referred to as the ‘‘SOMA program’’), under 

23 which the Attorney General may award grants to 

24 participating States to offset costs directly associated 

25 with implementing this title. 
48 

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1 (2) DISTRIBUTION OF FUNDS.—Each grant 

2 awarded under the SOMA program shall be distrib3 uted directly to the participating State for distribu4 tion by that participating State to public entities, in5 cluding local governments and law enforcement agen6 cies, within that participating State. 

7 (3) USES.—Up to 10 percent of a grant awarded 

8 under the SOMA program may be used to participate 

9 in 1 or more databases that identify individuals in 

10 custody. 

11 (4) ELIGIBILITY.— 

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

13 a grant under the SOMA program in a fiscal 

14 year and except as provided in subparagraph 

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

16 shall submit to the Attorney General an applica17 tion (in such form, at such a time, and con18 taining such information as the Attorney Gen19 eral may reasonably require) assuring that— 

20 (i) the participating State has substan21 tially implemented (or is making a good 

22 faith effort to substantially implement) this 

23 title; and 
49 

S 1086 RS 

1 (ii) the participating State has made 

2 the failure of a covered individual to reg3 ister as required a felony. 

4 (B) EXCEPTION.—The Attorney General 

5 may waive the requirement of subparagraph (A) 

6 if a participating State demonstrates an over7 riding need for assistance under the SOMA pro8 gram. 

9 (5) ALLOCATION OF FUNDS.—In allocating funds 

10 under the SOMA program, the Attorney General may 

11 consider the number of covered individuals registered 

12 in each participating State’s registry. 

13 (6) INCORPORATION OF CERTAIN TRAINING PRO14 GRAMS.— 

15 (A) STUDY.—During the course of imple16 menting the SOMA program, the Attorney Gen17 eral shall study the feasibility of incorporating 

18 into the SOMA program the activities of any 

19 technical assistance or training program estab20 lished as a result of section 40152 of the Violent 

21 Crime Control and Law Enforcement Act of 

22 1994 (42 U.S.C. 13941). 

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

24 incorporating such activities into the SOMA pro25 gram will eliminate duplication of efforts or ad-
50 

S 1086 RS 

1 ministrative costs, the Attorney General shall 

2 take administrative actions, as allowable, and 

3 make recommendations to Congress to incor4 porate such activities into the SOMA program. 

5 (b) INCENTIVES; BONUS PAYMENTS FOR EARLY COM6 PLIANCE.— 

7 (1) BONUS.—A participating State that has sub8 stantially implemented this title within 2 years after 

9 the date of the enactment of this Act is eligible for a 

10 bonus payment under the SOMA program for the fis11 cal year after the Attorney General certifies that the 

12 participating State has achieved substantial imple13 mentation. 

14 (2) AMOUNT.—The amount of the bonus payment 

15 under paragraph (1) shall be— 

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

17 participating State received under the SOMA 

18 program for the preceding fiscal year; or 

19 (B) if the participating State has substan20 tially implemented this title within 1 year after 

21 the date of enactment of this Act, the amount of 

22 the bonus payment shall be equal to 10 percent 

23 of the funds that the participating State received 

24 under the SOMA program for the preceding fis25 cal year. 
51 

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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 Attorney 

5 General shall submit to Congress a report identifying the 

6 extent to which each participating State has implemented 

7 this title. 

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

10 (a) INFORMATION REQUIRED PERIODICALLY.—A cov11 ered individual shall, for the life of that individual (except 

12 as provided in this section), provide information as follows: 

13 (1) REGISTRATION INFORMATION.—Initially dur14 ing the time period specified in accordance with 

15 paragraph (4), and thereafter as provided in para16 graph (5), the individual shall— 

17 (A) appear before persons designated by the 

18 individual’s participating domicile State, par19 ticipating work State (if different from the par20 ticipating domicile State), and participating 

21 school State (if different from the participating 

22 domicile State); and 

23 (B) provide to such persons— 

24 (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 in7 dividual from the Department of Motor Ve8 hicles 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 in12 dividual; 

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 edu17 cational institution at which the individual 

18 is a student or will be a student. 

19 (2) PHOTOGRAPH.—Initially during the time pe20 riod specified in accordance with paragraph (4), and 

21 thereafter at least once every 12 months, the indi22 vidual shall appear before persons designated by the 

23 individual’s participating domicile State, partici24 pating work State (if different from the participating 

25 domicile State), and participating school State (if 
53 

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1 different from the participating domicile State) and 

2 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 participating 

8 domicile State), and participating school State (if 

9 different from the participating domicile State) and 

10 submit to the taking of fingerprints. This paragraph 

11 does not apply if the State determines that it already 

12 has a valid set of fingerprints in its possession. 

13 (4) TIMING OF INITIAL REGISTRATION.—The At14 torney General shall prescribe the time period within 

15 which a covered individual must fulfill the initial 

16 registration requirements set forth in paragraphs (1), 

17 (2), and (3). 

18 (5) ONGOING REGISTRATION.— 

19 (A) IN GENERAL.—The ongoing registration 

20 requirement under paragraph (1) is— 

21 (i) for Tier I individuals every 12 

22 months; 

23 (ii) for Tier II individuals every 6 

24 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 in10 dividual who, during the time period specified in ac11 cordance with paragraph (4), is in the custody of a 

12 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 to 

16 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 section 
55 

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1 115(a)(8)(C) of title I of Public Law 105–119. The 

2 individual shall promptly register and continue to 

3 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 covered 

15 individuals based on a conviction or sentencing 

16 that occurred prior to the date of enactment or 

17 who are, as of the date of enactment of this Act, 

18 incarcerated or under a non-incarcerative sen19 tence 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 implementa-
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1 tion of the requirements of this title by a partici2 pating 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 each 

12 participating domicile, work, and school State of the 

13 individual and keep the registration information cur14 rent. To the extent that the procedures or require15 ments for registering or updating registration infor16 mation in any participating domicile, work, or school 

17 State are not fully specified in this section, the Attor18 ney General may specify such procedures and require19 ments. 

20 (2) CHANGES TO REGISTRATION INFORMATION

21 OF CERTAIN OFFENDERS.—The following shall apply 

22 to changes of registration information under this sec23 tion 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 by 

2 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 than 

8 5 days before or after establishing a new domi9 cile, the individual shall— 

10 (i) appear before persons designated by 

11 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 the 

17 address of the previous domicile; and 

18 (ii) if the new domicile and the pre19 vious domicile are not both within the juris20 diction 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 a 

16 photograph and, unless the par17 ticipating State determines that it 

18 already possesses a valid set, fin19 gerprints. 

20 (C) CHANGE OF EMPLOYMENT.—Not more 

21 than 5 days before or after beginning, or ceasing, 

22 employment by an employer, the individual shall 

23 appear before, and provide notice of the begin24 ning or ceasing, and the name and address of the 

25 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 institu10 tion, the individual shall appear before, and pro11 vide notice of the beginning or ceasing, and the 

12 name and address of the educational institution, 

13 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 Mili3 tary Justice, or a tribal offense, for which reg4 istration 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 convic21 tion 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 under 

18 this section is a continuing violation for purposes of 

19 the statute of limitations. 

20 (6) EXCEPTIONS.—An individual may petition 

21 for relief from the requirements of subsections (a) and 

22 (b) based on a claim that— 

23 (A) the conviction that subjected the indi24 vidual to those requirements has been overturned; 
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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 the 

5 chief executive of the jurisdiction in which the 

6 individual was convicted of the crime that sub7 jected the individual to the requirements of sub8 sections (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, excluding 

18 ensuing periods of incarceration, has expired 

19 since the date on which the individual was sen20 tenced for, or completed the term of imprison21 ment 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, excluding 

5 ensuing periods of incarceration, has expired 

6 since the date on which the individual was sen7 tenced for, or completed the term of imprison8 ment 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 OBLIGA13 TIONS.— 

14 (1) IN GENERAL.—During the time period speci15 fied in paragraph (2), an appropriate official shall— 

16 (A) inform each covered individual of the 

17 duty to register and of that individual’s ongoing 

18 obligations under this title; 

19 (B) require the individual to read and sign 

20 a form affirming that— 

21 (i) the duty to register has been ex22 plained to the individual; 

23 (ii) the individual’s ongoing obliga24 tions under this title have been explained to 

25 the individual; and 
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1 (iii) the individual understands the 

2 registration requirements; and 

3 (C) ensure that the individual has com4 pleted the initial registration process. 

5 (2) APPROPRIATE TIME PERIOD.—The Attorney 

6 General shall prescribe an appropriate time period 

7 during which the requirements set forth in paragraph 

8 (1) shall be fulfilled. 

9 (3) FULFILLMENT.—The requirements of para10 graph (1) shall be fulfilled— 

11 (A) before a covered individual has been re12 leased from custody; or 

13 (B) if the covered individual is not in cus14 tody, shortly after the individual has been sen15 tenced. 

16 (b) OBTAINING AND SHARING INFORMATION.— 

17 (1) OBTAINING INFORMATION.—When an indi18 vidual appears before the Attorney General or a par19 ticipating State to provide information pursuant to 

20 this title (including information such as photographs 

21 and fingerprints), the Attorney General (or the par22 ticipating State, or both, as the case may be) shall— 

23 (A) ensure that the individual complies 

24 with the applicable requirements of this title; 
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1 (B) ensure that the information provided is 

2 accurate and complete; and 

3 (C) ensure that the information provided is 

4 promptly entered into the appropriate records or 

5 data system of the participating State. 

6 (2) SHARING INFORMATION.— 

7 (A) DOMICILE STATE.—The domicile State 

8 of an individual, and the State which originally 

9 registers the individual if different from the 

10 domicile State, shall promptly notify each domi11 cile, work, and school State of the individual of 

12 which it is aware concerning the individual’s 

13 domicile, employment, or student status in such 

14 State and shall make available to each such 

15 State the information concerning the individual. 

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

17 State of an individual is informed by the indi18 vidual, or otherwise becomes aware, that there 

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

20 domicile State, the domicile State shall promptly 

21 notify the new domicile State and make avail22 able to the new domicile State the information 

23 concerning the individual. 

24 (C) AVAILABLE INFORMATION.—A domicile 

25 State shall promptly make available the infor-
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1 mation concerning an individual to a law en2 forcement agency or agencies in the State having 

3 jurisdiction where— 

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

5 (ii) the individual’s place of employ6 ment is located; and 

7 (iii) any educational institution at 

8 which the individual is a student is located. 

9 (c) ENTRY OF INFORMATION INTO THE NATIONAL SEX

10 OFFENDER REGISTRY.— 

11 (1) MAINTENANCE OF A NATIONAL SEX OF12 FENDER REGISTRY.—The Attorney General shall 

13 maintain a national database at the Federal Bureau 

14 of Investigation, to be known as the National Sex Of15 fender Registry, which shall include information con16 cerning covered individuals who are required to reg17 ister in the sex offender registry of any jurisdiction. 

18 Information may be released from the National Sex 

19 Offender Registry to criminal justice agencies, and to 

20 other entities as the Attorney General may provide. 

21 (2) PARTICIPATION IN THE NATIONAL SEX OF22 FENDER REGISTRIES.—Each participating State 

23 shall, in the time and manner provided by the Attor24 ney General— 
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1 (A) submit to the Attorney General the in2 formation concerning each covered individual 

3 under this title, which shall be included in the 

4 National Sex Offender Registry or other data5 bases as appropriate; 

6 (B) submit the information described in 

7 subparagraph (A) in a manner that allows the 

8 Attorney General to include it in the National 

9 Sex Offender Registries; and 

10 (C) participate in the National Sex Of11 fender Public Registry maintained pursuant to 

12 section 202. 

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

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

15 unable to verify the address of or locate a covered in16 dividual, the participating State shall promptly no17 tify the Attorney General. 

18 (2) ATTORNEY GENERAL.—Whenever information 

19 is made known to the Attorney General under para20 graph (1) that a State is unable to verify the address 

21 of or locate a covered individual, the Attorney Gen22 eral shall— 

23 (A) revise the National Sex Offender Reg24 istry to reflect that information; and 
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1 (B) add the name of the individual to the 

2 wanted person file of the National Crime Infor3 mation Center and create a wanted persons 

4 record if an arrest warrant that meets the re5 quirements for entry into the file is issued in 

6 connection with the violation. 

7 (3) INVESTIGATION.—The Attorney General shall 

8 use the authority provided in section 566(e)(1)(B) of 

9 title 28, United States Code, the authority to inves10 tigate offenses under chapter 49 of title 18, United 

11 States Code, and the authority provided in any other 

12 relevant provision of law, as appropriate, to assist 

13 States and other jurisdictions in locating and appre14 hending covered individuals and any other individ15 uals who violate sex offender registration require16 ments. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

18 authorized to be appropriated such sums as may be nec19 essary for fiscal years 2006 through 2008 to carry out this 

20 section. 

21 SEC. 106. PARTICIPATING STATE SEX OFFENDER REG22 ISTRIES. 

23 (a) STATEWIDE REGISTRY REQUIRED.—Each partici24 pating State shall maintain, throughout its jurisdiction, a 
69 

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1 single comprehensive registry of information collected under 

2 this title. 

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

4 participating State shall have in effect, throughout its juris5 diction, a single public information program that includes 

6 the following elements: 

7 (1) INTERNET SITE.— 

8 (A) INFORMATION.— 

9 (i) IN GENERAL.—Except as provided 

10 in clause (iii), the participating State shall 

11 release to the public, through an Internet 

12 site maintained by the State that shall have 

13 multiple field search capability, the fol14 lowing information for Tier II and III in15 dividuals whose domicile State, work State, 

16 or school State is the same as the partici17 pating State: 

18 (I) The name and any known 

19 aliases of the individual. 

20 (II) The date of birth of the indi21 vidual. 

22 (III) A physical description of the 

23 individual. 

24 (IV) The current photograph of 

25 the individual. 
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1 (V) The domicile address of the 

2 individual. 

3 (VI) The address of the individ4 ual’s place of employment. 

5 (VII) The address of any edu6 cational institution at which the indi7 vidual is a student. 

8 (VIII) The nature and date of all 

9 offenses qualifying the individual as a 

10 covered individual. 

11 (IX) The date on which the indi12 vidual was released from prison, or 

13 placed on parole, supervised release, or 

14 probation, for the most recent offense 

15 qualifying the individual as a covered 

16 individual. 

17 (X) Tier designation for the indi18 vidual. 

19 (XI) Compliance status of the in20 dividual. 

21 (ii) TIER I INDIVIDUALS.—The partici22 pating State may, at its discretion, include 

23 information about Tier I individuals on its 

24 Internet site. 
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1 (iii) VICTIMS.—The participating 

2 State shall make every effort not to disclose 

3 the identity of the victim of an offense. In4 formation about a covered individual whose 

5 duty to register is based solely on offenses 

6 against intrafamilial minors may, after 

7 consultation with the victim, be limited or 

8 withheld in its entirety from an Internet 

9 site or registry, at the discretion of the par10 ticipating State. 

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

12 much as practicable, links to sex offender 

13 safety and education resources. 

14 (B) INTEGRATION OF STATE SITES.—The 

15 participating State shall consult with other 

16 States to ensure, as much as practicable, that the 

17 site integrates with and shares information with 

18 the sites maintained by those other States. 

19 (C) CORRECTION OF ERRORS.—The site 

20 shall contain instructions on the process for cor21 recting information that a person alleges to be 

22 erroneous. 

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

24 warning that the information presented should 

25 not be used to injure, harass, or commit a crimi-
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1 nal act against any individual named in the 

2 registry or residing or working at any reported 

3 address. The warning shall note that any such 

4 action could result in criminal prosecution. 

5 (E) TIER DESIGNATION.— 

6 (i) IN GENERAL.—The participating 

7 State shall establish 3 tier designations. The 

8 tier designation of an individual shall be 

9 determined under criteria promulgated by 

10 the participating State in accordance with 

11 the participating State’s resources and local 

12 priorities. 

13 (ii) SEXUALLY VIOLENT OFFENDERS.— 

14 All individuals convicted of sexually violent 

15 offenses shall be designated as Tier III indi16 viduals. 

17 (iii) PHYSICAL CONTACT OF A SEXUAL

18 NATURE WITH A MINOR.—All individuals 

19 convicted of any offense, an element of 

20 which is physical contact of a sexual nature 

21 with a minor, shall be designated as Tier II 

22 or Tier III individuals. 

23 (2) COMMUNITY NOTIFICATION.— 

24 (A) TIER II INDIVIDUALS.—Appropriate 

25 law enforcement agencies in participating States 
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1 shall release information collected under this title 

2 relating to Tier II individuals to public and pri3 vate schools, including institutions of higher 

4 learning, child care providers, and businesses 

5 that provide services or products to children, lo6 cated within a radius, prescribed by the partici7 pating State, of the home or work address of the 

8 individual. 

9 (B) TIER III INDIVIDUALS.—Appropriate 

10 law enforcement agencies in participating States 

11 shall release information collected under this title 

12 relating to Tier III individuals to— 

13 (i) public and private schools, includ14 ing institutions of higher learning, child 

15 care providers, and businesses that provide 

16 services or products to children, located 

17 within a radius, prescribed by the partici18 pating State, of the home or work address 

19 of the individual; and 

20 (ii) residents who reside within a ra21 dius, prescribed by the participating State, 

22 of the home or work address of the indi23 vidual. 

24 (c) PUBLICATION OF NUMBER OF OFFENDERS REG25 ISTERED.— 
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1 (1) IN GENERAL.—Every 6 months, the Attorney 

2 General shall collect from each State information on 

3 the total number of covered individuals included in 

4 the registry maintained by that State. 

5 (2) PUBLIC AVAILABILITY AND CONTENTS.—The 

6 Attorney General shall— 

7 (A) release information under paragraph 

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

9 this title; and 

10 (B) include in such a release the number of 

11 individuals within each tier and the number of 

12 individuals who are in compliance with this title 

13 within each tier. 

14 (3) DOUBLE-COUNTING.—In reporting informa15 tion collected under paragraph (1), the Attorney Gen16 eral shall ensure, to the extent practicable, that of17 fenders are not being double-counted. 

18 SEC. 107. DEVELOPMENT AND AVAILABILITY OF REGISTRY 

19 MANAGEMENT SOFTWARE. 

20 (a) DEVELOPMENT OF SOFTWARE REQUIRED.—The 

21 Attorney General, in consultation with participating 

22 States, shall— 

23 (1) develop a software application that can be 

24 used by participating States for purposes of this title; 

25 and 
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1 (2) ensure that such software operates in such a 

2 manner that a participating State can, by using the 

3 software, fully comply with all the requirements 

4 under this title for managing and exchanging infor5 mation (including exchanging information with other 

6 States). 

7 (b) AVAILABILITY TO STATES.—The Attorney General 

8 shall make the software developed under this section avail9 able to States. The first complete edition of the software 

10 shall be made available within 2 years after the date of the 

11 enactment of this Act. 

12 (c) SUPPORT.—The Attorney General shall ensure that 

13 States are provided technical support for the installation 

14 of the software and for maintaining the software. 

15 SEC. 108. ELECTION BY INDIAN TRIBES. 

16 (a) ELECTION.— 

17 (1) IN GENERAL.—A federally recognized Indian 

18 tribe may, by resolution or other enactment of the 

19 tribal council or comparable governmental body— 

20 (A) elect to carry out this title as a jurisdic21 tion subject to its provisions; or 

22 (B) elect to delegate its functions under this 

23 title to a participating State or participating 

24 States within which the territory of the tribe is 

25 located and to provide access to its territory and 
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1 such other cooperation and assistance as may be 

2 needed to enable such participating State or par3 ticipating States to carry out and enforce the re4 quirements of this title. 

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

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

7 if— 

8 (A) it is a tribe subject to the law enforce9 ment jurisdiction of a participating State under 

10 section 1162 of title 18, United States Code; 

11 (B) the tribe does not make an election 

12 under paragraph (1) within 1 year of the enact13 ment of this Act or rescinds an election under 

14 paragraph (1)(A); or 

15 (C) the Attorney General determines that 

16 the tribe has not implemented the requirements 

17 of this title and is not likely to become capable 

18 of doing so within a reasonable amount of time. 

19 (b) COOPERATION BETWEEN PARTICIPATING STATE

20 AND TRIBAL AUTHORITIES.— 

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

22 title is not required for purposes of this title to dupli23 cate functions under this title which are fully carried 

24 out by a participating State or participating States 

25 within which the territory of the tribe is located. 
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1 (2) COOPERATIVE AGREEMENTS.—A tribe may, 

2 through cooperative agreements with such a partici3 pating State or participating States— 

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

5 function of the participating State under this 

6 title with respect to sex offenders subject to the 

7 tribe’s jurisdiction; and 

8 (B) arrange for the participating State to 

9 carry out any function of the tribe under this 

10 title with respect to sex offenders subject to the 

11 tribe’s jurisdiction. 

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

13 TRIBES. 

14 (a) CONFORMING AMENDMENT TO TITLE 18, UNITED

15 STATES CODE.—Section 4042(c)(1)(A) of title 18, United 

16 States Code, is amended by striking ‘‘State’’ and inserting 

17 ‘‘State, Indian Country,’’. 

18 (b) RESPONSIBILITY OF PARTICIPATING STATES.—An 

19 appropriate participating State official, pursuant to this 

20 title and exercising jurisdiction pursuant to Public Law 

21 93–280, shall ensure that notice is provided to any Indian 

22 tribe of the release into the jurisdiction of the Indian tribe 

23 of a covered individual. 

24 (c) ACCESS TO NATIONAL SEX OFFENDER REG25 ISTRY.—From funds made available under section 107, the 
78 

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1 Attorney General shall use such amounts as the Attorney 

2 General determines to be appropriate to make grants to In3 dian tribes for the development of electronic databases to 

4 provide access to information in the National Sex Offender 

5 Registry. 

6 SEC. 110. APPLICABILITY TO MINORS. 

7 Notwithstanding any other provision of this Act, the 

8 requirements of this Act are not applicable with respect to 

9 any individual who is only subject to such requirements be10 cause of a delinquent adjudication that occurred when the 

11 individual was a minor, unless that individual was charged 

12 and convicted as an adult. 

13 SEC. 111. RULE OF CONSTRUCTION. 

14 The provisions of this title that are cast as directions 

15 to participating States or their officials constitute only con16 ditions that must be substantially met, in accordance with 

17 section 107, in order to obtain Federal funding under this 

18 title. 

19 SEC. 112. IMMUNITY FOR GOOD FAITH CONDUCT. 

20 The Federal Government, participating States and po21 litical subdivisions thereof, and their agencies, officers, em22 ployees, and agents shall be immune from liability for good 

23 faith conduct under this Act. 
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1 SEC. 113. STATE UNCONSTITUTIONALITY. 

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

3 deemed to require a participating State to take any action 

4 that would violate that participating State’s constitution. 

5 (b) FUNDS.—The Attorney General shall not withhold 

6 funds to any participating State under section 107 if the 

7 participating State declines to implement any provisions 

8 of this title on the ground that to do so would place the 

9 participating State in violation of its constitution or a rul10 ing by the participating State’s highest court. 

11 (c) DEFERENCE.—In considering whether compliance 

12 with the requirements of this title would likely violate the 

13 participating State’s constitution or rulings by the partici14 pating State’s highest court under this section, the Attorney 

15 General shall defer to the participating State’s interpreta16 tion of the participating State’s constitution and rulings 

17 of the participating State’s highest court unless those inter18 pretations are clearly erroneous. 

19 SEC. 114. REGULATIONS. 

20 The Attorney General shall issue guidelines and regu21 lations to interpret and implement this title. 

22 SEC. 115. AUTHORIZATION OF APPROPRIATIONS. 

23 There is authorized to be appropriated for each of fis24 cal years 2006 through 2009 such sums as may be necessary 

25 to carry out this title. 
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1 SEC. 116. EFFECT ON CURRENT LAW. 

2 This title does not diminish any existing conditions 

3 on participating and non-participating States under cur4 rent law. 

5 TITLE II—DRU SJODIN NA6 TIONAL SEX OFFENDER PUB7 LIC DATABASE ACT OF 2005 

8 SEC. 201. SHORT TITLE AND DEFINITIONS. 

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

10 ‘‘Dru Sjodin National Sex Offender Public Database Act 

11 of 2005’’. 

12 (b) DEFINITIONS.—The definitions in section 102 shall 

13 apply in this title. 

14 SEC. 202. NATIONAL SEX OFFENDER PUBLIC REGISTRY. 

15 (a) IN GENERAL.—The Attorney General shall main16 tain a national Internet site, to be known as the ‘‘National 

17 Sex Offender Public Registry,’’ through which the public 

18 can access information in the public sex offender Internet 

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

20 (b) INFORMATION AVAILABLE IN PUBLIC REGISTRY.— 

21 With respect to Tier II and Tier III individuals and except 

22 as provided in subsection (e), the National Sex Offender 

23 Public Registry shall provide the following information: 

24 (1) The name and any known aliases of the indi25 vidual. 

26 (2) The date of birth of the individual. 
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1 (3) A physical description of the individual. 

2 (4) The current photograph of the individual. 

3 (5) The domicile address of the individual. 

4 (6) The address of the individual’s place of em5 ployment. 

6 (7) The address of any educational institution at 

7 which the individual is a student. 

8 (8) The nature and date of all offenses qualifying 

9 the individual as a covered individual. 

10 (9) The date on which the individual was re11 leased from prison, or placed on parole, supervised re12 lease, or probation, for the most recent offense quali13 fying the individual as a covered individual. 

14 (10) Tier designation for the individual. 

15 (11) Compliance status of the individual. 

16 (c) SEARCH CAPABILITIES.—The National Sex Of17 fender Public Registry shall have multiple search capabili18 ties, including— 

19 (1) searches by name; and 

20 (2) searches by geographic area including 

21 searches by zip code area and searches within a ra22 dius specified by the user. 

23 (d) TIER I INDIVIDUALS.—The Attorney General shall 

24 also provide, in accordance with this section, information 
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1 related to a Tier I individual only if such information is 

2 provided by a State on that State’s Internet site. 

3 (e) FAMILY MEMBER OFFENSE.—The Attorney Gen4 eral shall provide, in accordance with this section, informa5 tion related to a covered offense against a minor committed 

6 by a family member of the minor only if such information 

7 is provided by a State on that State’s Internet site. 

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

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

10 carry out this section, the Attorney General may make 

11 grants to participating States for activities specified in sub12 sections (b) and (c). 

13 (b) CIVIL COMMITMENT PROCEEDINGS.— 

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

15 provides for a civil commitment proceeding, or any 

16 equivalent proceeding, shall issue timely notice to a 

17 State official responsible for considering whether to 

18 pursue such proceedings upon the impending release 

19 of any person incarcerated by the participating State 

20 who— 

21 (A) has been convicted of a sexually violent 

22 offense; or 

23 (B) has been deemed by the participating 

24 State to be at high risk for recommitting any 

25 covered offense against a minor. 
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1 (2) REVIEW.—Upon receiving notice under para2 graph (1), the State official shall consider whether or 

3 not to pursue a civil commitment proceeding, or any 

4 equivalent proceeding required under State law. 

5 (c) MONITORING OF RELEASED PERSONS.—Each par6 ticipating State shall intensively monitor, for not less than 

7 1 year, any person who— 

8 (1) has been deemed by the participating State 

9 to be at high risk for recommitting any covered of10 fense against a minor; 

11 (2) has been unconditionally released from incar12 ceration by the participating State; and 

13 (3) has not been civilly committed pursuant to 

14 a civil commitment proceeding, or any equivalent 

15 proceeding under State law. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

17 authorized to be appropriated for each fiscal year such sums 

18 as may be necessary to carry out this section. 

19 TITLE III—JETSETA GAGE PRE20 VENTION AND DETERRENCE 

21 OF CRIMES AGAINST CHIL22 DREN ACT OF 2005 

23 SEC. 301. SHORT TITLE. 

24 This title may be cited as the ‘‘Jetseta Gage Prevention 

25 and Deterrence of Crimes Against Children Act of 2005’’. 
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1 SEC. 302. ASSURED PUNISHMENT FOR VIOLENT CRIMES 

2 AGAINST CHILDREN. 

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

4 amended to read as follows: 

5 ‘‘(d) MANDATORY MINIMUM TERMS OF IMPRISONMENT

6 FOR VIOLENT CRIMES AGAINST CHILDREN.—A person who 

7 is convicted of a Federal crime of violence against the per8 son of an individual who has not attained the age of 12 

9 years and has the intent to commit a serious sex crime as 

10 defined in section 2241 of title 18 shall, unless a greater 

11 mandatory minimum sentence of imprisonment is other12 wise provided by law and regardless of any maximum term 

13 of imprisonment otherwise provided for the offense— 

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

15 of a person who has not attained the age of 12 years, 

16 be imprisoned for not less than 30 years to life; 

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

18 maiming (or an attempt or conspiracy to commit 

19 kidnapping or maiming) or results in serious bodily 

20 injury (as defined in section 1365), be imprisoned for 

21 not less than 20 years to life; and 

22 ‘‘(3) if a dangerous weapon was used during and 

23 in relation to the crime of violence, be imprisoned for 

24 not less than 10 years to life.’’. 
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1 SEC. 303. INCREASED PENALTIES FOR SEXUAL OFFENSES 

2 AGAINST CHILDREN. 

3 (a) SEXUAL ABUSE.— 

4 (1) AGGRAVATED SEXUAL ABUSE OF CHIL5 DREN.—Section 2241(c) of title 18, United States 

6 Code, is amended by— 

7 (A) designating the second sentence as para8 graph (4); and 

9 (B) striking the first sentence and inserting 

10 the following: 

11 ‘‘(1) Whoever crosses a State line with intent to engage 

12 in a sexual act with a person who has not attained the 

13 age of 12 years, or in the special maritime and territorial 

14 jurisdiction of the United States or in a Federal prison, 

15 knowingly engages in a sexual act with another person who 

16 has not attained the age of 12 years, or attempts to do so, 

17 shall be fined under this title and imprisoned for not less 

18 than 10 years to life, or both. 

19 ‘‘(2) Whoever crosses a State line with intent to engage 

20 in a sexual act under the circumstances described in sub21 sections (a) or (b) with a person who has not attained the 

22 age of 12 years, or in the special maritime and territorial 

23 jurisdiction of the United States or in a Federal prison, 

24 knowingly engages in a sexual act under the circumstances 

25 described in subsections (a) or (b) with another person who 

26 has not attained the age of 12 years, or attempts to do so, 
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1 shall be fined under this title and imprisoned not less than 

2 30 years to life, or both. 

3 ‘‘(3) Whoever crosses a State line with intent to engage 

4 in a sexual act under the circumstances described in sub5 sections (a) or (b) with a person who has not attained the 

6 age of 12 years, or in the special maritime and territorial 

7 jurisdiction of the United States or in a Federal prison, 

8 knowingly engages in a sexual act under the circumstances 

9 described in subsections (a) or (b) with another person who 

10 has attained the age of 12 but has not attained the age of 

11 16 years (and is at least 4 years younger than the person 

12 so engaging), or attempts to do so, shall be fined under this 

13 title, imprisoned for any term of years or life, or both.’’. 

14 (2) SEXUAL ABUSE OF CHILDREN RESULTING IN

15 DEATH.—Section 2245 of title 18, United States 

16 Code, is amended— 

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

18 ‘‘(a) IN GENERAL.—A person’’; and 

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

20 ‘‘(b) OFFENSES INVOLVING YOUNG CHILDREN.—A per21 son who, in the course of an offense under this chapter, en22 gages in conduct that includes a sex act with a person who 

23 has not attained the age of 12 years and that results in 

24 the death of that person, shall be punished by death or im25 prisoned for not less than 30 years to life.’’. 
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1 (b) SEXUAL EXPLOITATION AND OTHER ABUSE OF

2 CHILDREN.— 

3 (1) SEXUAL EXPLOITATION OF CHILDREN.—Sec4 tion 2251(e) of title 18, United States Code, is 

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

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

7 (2) USING MISLEADING DOMAIN NAMES TO DI8 RECT CHILDREN TO HARMFUL MATERIAL ON THE

9 INTERNET.—Section 2252B(b) of title 18, United 

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

11 not more than 4 years’’ and inserting ‘‘or imprisoned 

12 not more than 10 years.’’. 

13 TITLE IV—JESSICA LUNSFORD 

14 AND SARAH LUNDE ACT 

15 SEC. 401. SHORT TITLE. 

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

17 Sarah Lunde Act’’. 

18 SEC. 402. PILOT PROGRAM FOR MONITORING SEXUAL OF19 FENDERS. 

20 (a) DEFINITION.—In this section, the term ‘‘sexual of21 fender’’ means an offender 18 years of age or older who com22 mits a sexual offense against a minor. 

23 (b) SEXUAL PREDATOR MONITORING PROGRAM.— 

24 (1) GRANTS AUTHORIZED.— 
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1 (A) IN GENERAL.—The Attorney General is 

2 authorized to award grants (referred to as ‘‘Jes3 sica Lunsford and Sarah Lunde Grants’’) to 

4 State and local governments to assist such States 

5 and local governments in— 

6 (i) carrying out programs to outfit sex7 ual offenders with electronic monitoring 

8 units; and 

9 (ii) the employment of law enforcement 

10 officials necessary to carry out such pro11 grams. 

12 (B) DURATION.—The Attorney General 

13 shall award grants under this section for a pe14 riod not to exceed 3 years. 

15 (2) APPLICATION.— 

16 (A) IN GENERAL.—Each State or local gov17 ernment desiring a grant under this section shall 

18 submit an application to the Attorney General 

19 at such time, in such manner, and accompanied 

20 by such information as the Attorney General 

21 may reasonably require. 

22 (B) CONTENTS.—Each application sub23 mitted pursuant to subparagraph (A) shall— 

24 (i) describe the activities for which as25 sistance under this section is sought; and 
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1 (ii) provide such additional assurances 

2 as the Attorney General determines to be es3 sential to ensure compliance with the re4 quirements of this section. 

5 (c) INNOVATION.—In making grants under this sec6 tion, the Attorney General shall ensure that different ap7 proaches to monitoring are funded to allow an assessment 

8 of effectiveness. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.— 

10 (1) IN GENERAL.—There are authorized to be ap11 propriated $10,000,000 for each of the fiscal years 

12 2006 through 2008 to carry out this section. 

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

14 Attorney General shall report to Congress— 

15 (A) assessing the effectiveness and value of 

16 this section; 

17 (B) comparing the cost effectiveness of the 

18 electronic monitoring to reduce sex offenses com19 pared to other alternatives; and 

20 (C) making recommendations for con21 tinuing funding and the appropriate levels for 

22 such funding. 
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1 TITLE V—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 501. ACCESS TO INTERSTATE IDENTIFICATION INDEX. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, the Attorney General shall ensure access to the 

6 Interstate Identification Index (established under the Na7 tional Crime Prevention and Privacy Compact (42 U.S.C. 

8 14616)) by—– 

9 (1) the National Center for Missing and Ex10 ploited Children, to be used only within the scope of 

11 the Center’s duties and responsibilities under Federal 

12 law to assist or support law enforcement agencies in 

13 administration of criminal justice functions; and 

14 (2) governmental social service agencies with 

15 child protection responsibilities, to be used by such 

16 agencies only in investigating or responding to re17 ports of child abuse, neglect, or exploitation. 

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

19 under this section, and associated rules of dissemination, 

20 shall be— 

21 (1) defined by the Attorney General; and 

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

23 agencies that have met all requirements set by the At24 torney General, including training, certification, and 

25 background screening. 
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1 (c) LIMITATION ON LIABILITY.— 

2 (1) IN GENERAL.—Except as provided in para3 graphs (2) and (3), the National Center for Missing 

4 and Exploited Children, including any of its direc5 tors, officers, employees, or agents, is not liable in any 

6 civil action sounding in tort for damages related to 

7 its access to the Interstate Identification Index. 

8 (2) INTENTIONAL, RECKLESS, OR OTHER MIS9 CONDUCT.—Paragraph (1) does not apply in an ac10 tion in which a party proves that the National Center 

11 for Missing and Exploited Children, or its officer, em12 ployee, or agent as the case may be, engaged in inten13 tional misconduct or acted, or failed to act, with ac14 tual malice, with reckless disregard of a substantial 

15 risk of causing injury without legal justification, or 

16 for a purpose unrelated to its performance of activi17 ties or responsibilities under Federal law. 

18 (3) ORDINARY BUSINESS ACTIVITIES.—Para19 graph (1) does not apply to an act or omission re20 lated to an ordinary business activity, such as an ac21 tivity involving general administration or operations, 

22 the use of motor vehicles, or personnel management. 
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1 SEC. 502. LIMITATION ON LIABILITY FOR NCMEC. 

2 Section 227 of the Victims of Child Abuse Act of 1990 

3 (42 U.S.C. 13032) is amended by adding at the end the 

4 following: 

5 ‘‘(g) LIMITATION ON LIABILITY.— 

6 ‘‘(1) IN GENERAL.—Except as provided in sub7 paragraphs (2) and (3), the National Center for Miss8 ing and Exploited Children, including any of its di9 rectors, officers, employees, or agents, shall not be lia10 ble in any civil or criminal action for the perform11 ance of its CyberTipline responsibilities and functions 

12 as defined by section 227 of the Victims of Child 

13 Abuse Act of 1990 (42 U.S.C. 13032) and section 404 

14 of the Missing Children’s Assistance Act (42 U.S.C. 

15 5773), or for its efforts to identify child victims. 

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

17 OR OTHER MISCONDUCT.—The limitation on liability 

18 under subparagraph (1) shall not apply in any ac19 tion in which a plaintiff or prosecutor proves that the 

20 National Center for Missing and Exploited Children 

21 or its officers, employees, or agents described in sub22 paragraph (1), as the case may be, engaged in inten23 tional misconduct or acted, or failed to act, with ac24 tual malice, with reckless disregard to a substantial 

25 risk of causing injury without legal justification, or 

26 for a purpose unrelated to the performance of respon-
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1 sibilities or functions under section 227 of the Victims 

2 of Child Abuse Act of 1990 (42 U.S.C. 13032) and 

3 section 404 of the Missing Children’s Assistance Act 

4 (42 U.S.C. 5773), or for its efforts to identify child 

5 victims. 

6 ‘‘(3) EXCEPTION FOR ORDINARY BUSINESS AC7 TIVITIES.—The limitation on liability under para8 graph (1) shall not apply to any alleged act or omis9 sion related to an ordinary business activity, such as 

10 an activity involving general administration or oper11 ations, the use of motor vehicles, or personnel man12 agement.’’. 

13 SEC. 503. MISSING CHILD REPORTING REQUIREMENTS. 

14 (a) IN GENERAL.—Section 3702 of the Crime Control 

15 Act of 1990 (42 U.S.C. 5780) is amended— 

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

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

18 (2) by inserting after paragraph (1) the fol19 lowing: 

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

21 within the State establishes or maintains any policy 

22 that requires the removal of a missing person entry 

23 from its State law enforcement system or the National 

24 Crime Information Center computer database based 

25 solely on the age of the person;’’; and 
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1 (3) in paragraph (3), as redesignated, by strik2 ing ‘‘immediately’’ and inserting ‘‘within 2 hours of 

3 receipt’’. 

4 (b) DEFINITIONS.—Section 403(1) of the Comprehen5 sive Crime Control Act of 1984 (42 U.S.C. 5772) is amend6 ed by striking ‘‘if’’ through subparagraph (B) and inserting 

7 a semicolon. 

8 SEC. 504. TREATMENT AND MANAGEMENT OF SEX OFFEND9 ERS IN THE BUREAU OF PRISONS. 

10 Section 3621 of title 18, United States Code, is amend11 ed by adding at the end the following new subsection: 

12 ‘‘(f) SEX OFFENDER MANAGEMENT.— 

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

14 make available appropriate treatment to sex offenders 

15 who are in need of and suitable for treatment, as fol16 lows: 

17 ‘‘(A) SEX OFFENDER MANAGEMENT PRO18 GRAMS.—The Bureau of Prisons shall establish 

19 non-residential sex offender management pro20 grams to provide appropriate treatment, moni21 toring, and supervision of sex offenders and to 

22 provide aftercare during prerelease custody. 

23 ‘‘(B) RESIDENTIAL SEX OFFENDER TREAT24 MENT PROGRAMS.—The Bureau of Prisons shall 

25 establish residential sex offender treatment pro-
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1 grams to provide treatment to sex offenders who 

2 volunteer for such programs and are deemed by 

3 the Bureau of Prisons to be in need of and suit4 able for residential treatment. 

5 ‘‘(2) REGIONS.—At least 1 sex offender manage6 ment program under paragraph (1)(A), and at least 

7 1 residential sex offender treatment program under 

8 paragraph (1)(B), shall be established in each region 

9 within the Bureau of Prisons. 

10 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated to the Bu12 reau of Prisons for each fiscal year such sums as may 

13 be necessary to carry out this subsection.’’. 

14 SEC. 505. AUTHORIZATION FOR AMERICAN PROSECUTORS 

15 RESEARCH INSTITUTE. 

16 In addition to any other amounts authorized by law, 

17 there are authorized to be appropriated for grants to the 

18 American Prosecutors Research Institute under section 

19 214A of the Victims of Child Abuse Act of 1990 (42 U.S.C. 

20 13003) $7,500,000 for each of fiscal years 2006 through 

21 2010. 

22 SEC. 506. SEX OFFENDER APPREHENSION GRANTS. 

23 Title I of the Omnibus Crime Control and Safe Streets 

24 Act of 1968 is amended by adding at the end the following: 
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1 ‘‘PART II—SEX OFFENDER APPREHENSION 

2 GRANTS 

3 ‘‘SEC. 2992. AUTHORITY TO MAKE SEX OFFENDER APPRE4 HENSION GRANTS. 

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

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

7 to States, units of local government, Indian tribes, other 

8 public and private entities, and multi-jurisdictional or re9 gional consortia thereof for activities specified in subsection 

10 (b). 

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

12 subsection (a) is any program, project, or other activity to 

13 assist a State in enforcing sex offender registration require14 ments.’’. 

15 SEC. 507. ACCESS TO FEDERAL CRIME INFORMATION DATA16 BASES BY EDUCATIONAL AGENCIES FOR CER17 TAIN PURPOSES. 

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

19 request of the chief executive of a State, conduct fingerprint20 based checks of the national crime information databases 

21 (as defined in section 534(e)(3)(A) of title 28, United States 

22 Code), pursuant to a request submitted by a local edu23 cational agency or a State educational agency in that State, 

24 on individuals under consideration for employment by the 

25 agency in a position in which the individual would work 

26 with or around children. Where possible, the check shall in-
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1 clude a fingerprint-based check of State criminal history 

2 databases. The Attorney General and the States may charge 

3 any applicable fees for these checks. 

4 (b) PROTECTION OF INFORMATION.—An individual 

5 having information derived as a result of a check under 

6 subsection (a) may release that information only to an ap7 propriate officer of a local educational agency or State edu8 cational agency, or to another person authorized by law to 

9 receive that information. 

10 (c) CRIMINAL PENALTIES.—An individual who know11 ingly exceeds the authority of subsection (a), or knowingly 

12 releases information in violation of subsection (b), shall be 

13 imprisoned not more than 10 years or fined under title 18, 

14 United States Code, or both. 

15 (d) DEFINITION.—In this section, the terms ‘‘local edu16 cational agency’’ and ‘‘State educational agency’’ have the 

17 meanings given to those terms in section 9101 of the Ele18 mentary and Secondary Education Act of 1965 (20 U.S.C. 

19 7801). 

20 SEC. 508. GRANTS TO COMBAT SEXUAL ABUSE OF CHIL21 DREN. 

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

23 is authorized to make grants under this section to— 

24 (1) each law enforcement agency that serves a ju25 risdiction with 50,000 or more residents; and 
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1 (2) each law enforcement agency that serves a ju2 risdiction with fewer than 50,000 residents, upon a 

3 showing of need. 

4 (b) USE OF GRANT AMOUNTS.—Grants under this sec5 tion may be used by the law enforcement agency to— 

6 (1) hire additional law enforcement personnel, or 

7 train existing staff, to combat the sexual abuse of chil8 dren through community education and outreach, in9 vestigation of complaints, enforcement of laws relat10 ing to sex offender registries, and management of re11 leased sex offenders; 

12 (2) investigate the use of the Internet to facilitate 

13 the sexual abuse of children; and 

14 (3) purchase computer hardware and software 

15 necessary to investigate sexual abuse of children over 

16 the Internet, access local, State, and Federal data17 bases needed to apprehend sex offenders, and facilitate 

18 the creation and enforcement of sex offender registries. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

20 authorized to be appropriated such sums as may be nec21 essary for fiscal years 2006 through 2008 to carry out this 

22 section. 

23 SEC. 509. SEVERABILITY. 

24 If any provisions of this Act, any amendment made 

25 by this Act, or the application of such provisions or amend-
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1 ment to any person or circumstance is held to be unconsti2 tutional, the remainder of the provisions of this Act, the 

3 amendments made by this Act, and the application of such 

4 provisions or amendments to any person or circumstance 

5 shall not be affected. 

6 SEC. 510. FAILURE TO PROVIDE INFORMATION A DEPORT7 ABLE OFFENSE. 

8 Section 237(a)(2)(A) of the Immigration and Nation9 ality Act (8 U.S.C. 1227(a)(2)(A)) is amended— 

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

11 and 

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

13 new clause: 

14 ‘‘(v) FAILURE TO PROVIDE REGISTRA15 TION INFORMATION AS A SEX OFFENDER.— 

16 Any alien who is convicted under subsection 

17 (d) of section 103 of the Sex Offender Reg18 istration and Notification Act of a violation 

19 of subsection (a) or (b) of such section is de20 portable.’’. 

21 SEC. 511. REPEAL. 

22 Sections 170101 and 170102 of the Violent Crime Con23 trol and Law Enforcement Act of 1994 (42 U.S.C. 14071, 

24 14072) are repealed. 
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1 SEC. 512. CONFORMING AMENDMENTS TO TITLE 18, UNITED 

2 STATES CODE. 

3 Title 18 of the United States Code is amended— 

4 (1) in sections 3563(a)(8) and 3583(d) by strik5 ing ‘‘and that the person register in any State where 

6 the person resides, is employed, carries on a vocation, 

7 or is a student (as such terms are defined under sec8 tion 170101(a)(3) of the Violent Crime Control and 

9 Law Enforcement Act of 1994)’’ and inserting ‘‘and 

10 that the person comply with the Sex Offender Reg11 istration and Notification Act’’; 

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

13 subject’’ and all that follows through ‘‘1994)’’ and in14 serting ‘‘must comply with the Sex Offender Registra15 tion and Notification Act’’; and 

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

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

18 inserting ‘‘comply with the Sex Offender Registration 

19 and Notification Act.’’. 
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1 TITLE VI—COMPREHENSIVE EX2 AMINATION OF SEX OF3 FENDER ISSUES 

4 SEC. 601. COMPREHENSIVE EXAMINATION OF SEX OF5 FENDER ISSUES. 

6 (a) DEFINITION.—In this section, the term ‘‘sexual of7 fender’’ means an offender 18 years of age or older who com8 mits a sexual offense against a minor. 

9 (b) IN GENERAL.—The National Institute of Justice 

10 shall conduct a comprehensive study to examine the control, 

11 prosecution, treatment, and monitoring of sex offenders, 

12 with a particular focus on— 

13 (1) the effectiveness of State, tribal, and local re14 sponses to the requirements of this Act, including the 

15 effectiveness of particular jurisdictions as compared to 

16 others; 

17 (2) compliance by sex offenders with the registra18 tion requirements of this Act; 

19 (3) how this Act has affected the number of re20 ported sex crimes against children; 

21 (4) how this Act has affected the number of pros22 ecutions and convictions of sex crimes against chil23 dren; 

24 (5) the utility of the National Sex Offender Pub25 lic Registry to the public; 
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1 (6) the costs to States, tribes, and local entities 

2 of compliance with this Act and the relative costs and 

3 benefits of approaches undertaken by different juris4 dictions; 

5 (7) the effectiveness of treatment programs in re6 ducing recidivism among sex offenders; 

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

8 local law enforcement agencies of access to taxpayer 

9 information pertaining to sexual offenders and the 

10 privacy implications to those individuals and others; 

11 and 

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

13 local law enforcement agencies of access to Social Se14 curity information pertaining to sexual offenders and 

15 the privacy implications to those individuals and oth16 ers. 

17 (c) RECOMMENDATIONS.—The study described in sub18 section (b) shall include recommendations for reducing the 

19 number of sex crimes against children and increasing the 

20 rates of compliance with registration requirements. 

21 (d) REPORTS.— 

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

23 the date of enactment of this Act, the National Insti24 tute of Justice shall report the results of the study 

25 conducted under subsection (b) together with findings 
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1 to Congress, through the Internet to the public, to each 

2 of the 50 governors, to the Mayor of the District of 

3 Columbia, to territory heads, and to the top official 

4 of the various Indian Tribes. 

5 (2) INTERIM REPORTS.—The National Institute 

6 of Justice shall submit yearly interim reports. 

7 (e) APPROPRIATIONS.—There are authorized to be ap8 propriated $3,000,000 to carry out this section. 
Calendar No. 251 

109TH CONGRESS 

1ST SESSION S. 1086 

A BILL 

To improve the national program to register and 

children or sex offenses. monitor individuals who commit crimes against 

OCTOBER 20, 2005 

Reported with an amendment