II 

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 introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

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— 

5 (1) the ‘‘Jacob Wetterling, Megan Nicole 

6 Kanka, and Pam Lychner Sex Offender Registration 

7 and Notification Act’’; or 

8 (2) the ‘‘Sex Offender Registration and Notifi9 cation Act’’. 
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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. 

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 
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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-
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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. 
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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-
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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 
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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.— 
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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 
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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-
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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 
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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 
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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. 
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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. 
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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.

Æ