I 

108TH CONGRESS 

2D SESSION H. R. 3929

To establish a national sex offender registration database, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2004

Mr. GILLMOR (for himself and Mr. POMEROY) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL

To establish a national sex offender registration database, 

and for other purposes.

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. 

4 This Act may be cited as the ‘‘National Sex Offender 

5 Registry Act of 2004’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) CRIMINAL OFFENSE AGAINST A VICTIM WHO

9 IS A MINOR.—The term ‘‘criminal offense against a 

10 victim who is a minor’’ has the same meaning as in 
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1 section 170101(a)(3) of the Jacob Wetterling 

2 Crimes Against Children and Sexually Violent Of3 fender Registration Act (42 U.S.C. 14071(a)(3)). 

4 (2) MINIMALLY SUFFICIENT SEXUAL OF5 FENDER REGISTRATION PROGRAM.—The term 

6 ‘‘minimally sufficient sexual offender registration 

7 program’’ has the same meaning as in section 

8 170102(a) of the Jacob Wetterling Crimes Against 

9 Children and Sexually Violent Offender Registration 

10 Act (42 U.S.C. 14072(a)). 

11 (3) SEXUALLY VIOLENT OFFENSE.—The term 

12 ‘‘sexually violent offense’’ has the same meaning as 

13 in section 170101(a)(3) of the Jacob Wetterling 

14 Crimes Against Children and Sexually Violent Of15 fender Registration Act (42 U.S.C. 14071(a)(3)). 

16 (4) SEXUALLY VIOLENT PREDATOR.—The term 

17 ‘‘sexually violent predator’’ has the same meaning as 

18 in section 170102(a) of the Jacob Wetterling Crimes 

19 Against Children and Sexually Violent Offender 

20 Registration Act (42 U.S.C. 14072(a)). 

21 SEC. 3. ESTABLISHMENT OF DATABASE. 

22 (a) IN GENERAL.—The Attorney General shall estab23 lish a National sex offender registry that—
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1 (1) makes publicly available, via the Internet, 

2 all information required to be submitted by States to 

3 the Attorney General under subsection (b); and 

4 (2) allows for users of the registry to determine 

5 which registered sex offenders are currently residing 

6 within a radius, as specified by the user of the reg7 istry, of the location indicated by the user of the 

8 registry. 

9 (b) INFORMATION FROM STATES.—

10 (1) IN GENERAL.—If any person convicted of a 

11 criminal offense against a victim who is a minor or 

12 a sexually violent offense, or any sexually violent 

13 predator, is required to register with a minimally 

14 sufficient sexual offender registration program with15 in a State, including a program established under 

16 section 170101 of the Jacob Wetterling Crimes 

17 Against Children and Sexually Violent Offender 

18 Registration Act (42 U.S.C. 14017(b)), that State 

19 shall submit to the Attorney General—

20 (A) the name and any known aliases of the 

21 person; 

22 (B) the date of birth of the person; 

23 (C) the current address of the person and 

24 any subsequent changes of that address; 
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1 (D) a physical description and current pho2 tograph of the person; 

3 (E) the nature of and date of commission 

4 of the offense by the person; and 

5 (F) the date on which the person is re6 leased from prison, or placed on parole, super7 vised release, or probation. 

8 (2) STATES WITHOUT REGISTRATION PRO9 GRAM.—The Federal Bureau of Investigation shall 

10 collect from any person required to register under 

11 section 170102(c) of the Jacob Wetterling Crimes 

12 Against Children and Sexually Violent Offender 

13 Registration Act (42 U.S.C. 14072(b)) the informa14 tion required under paragraph (1), and submit that 

15 information to the Attorney General for inclusion in 

16 the National sex offender registry established under 

17 section 2. 

18 SEC. 4. RELEASE OF HIGH RISK INMATES. 

19 (a) CIVIL COMMITMENT PROCEEDINGS.—

20 (1) IN GENERAL.—Any State that provides for 

21 a civil commitment proceeding, or any equivalent 

22 proceeding, shall issue timely notice to the attorney 

23 general of that State of the impending release of any 

24 person incarcerated by the State who—

25 (A) is a sexually violent predator; or 
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1 (B) has been deemed by the State to be at 

2 high-risk for recommitting any sexually violent 

3 offense or criminal offense against a victim who 

4 is a minor. 

5 (2) REVIEW.—Upon receiving notice under 

6 paragraph (1), the State attorney general shall con7 sider whether or not to institute a civil commitment 

8 proceeding, or any equivalent proceeding required 

9 under State law. 

10 (b) MONITORING OF RELEASED PERSONS.—

11 (1) IN GENERAL.—Each State shall intensively 

12 monitor, for not less than 1 year, any person de13 scribed under paragraph (2) who—

14 (A) has been unconditionally released from 

15 incarceration by the State; and 

16 (B) has not been civilly committed pursu17 ant to a civil commitment proceeding, or any 

18 equivalent proceeding under State law. 

19 (2) APPLICABILITY.—Paragraph (1) shall apply 

20 to—

21 (A) any sexually violent predator; or 

22 (B) any person who has been deemed by 

23 the State to be at high-risk for recommitting 

24 any sexually violent offense or criminal offense 

25 against a victim who is a minor. 
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1 SEC. 5. COMPLIANCE. 

2 (a) COMPLIANCE DATE.—Each State shall have not 

3 more than 3 years from the date of enactment of this Act 

4 in which to implement the requirements of sections 3 and 

5 4. 

6 (b) INELIGIBILITY FOR FUNDS.—A State that fails 

7 to submit the information required under section 3(b) to 

8 the Attorney General, or fails to implement the require9 ments of section 4, shall not receive 25 percent of the 

10 funds that would otherwise be allocated to the State under 

11 section 20106(b) of the Violent Crime Control and Law 

12 Enforcement Act of 1994 (42 U.S.C. 13706(b)). 

13 (c) REALLOCATION OF FUNDS.—Any funds that are 

14 not allocated for failure to comply with this section shall 

15 be reallocated to States that comply with sections 3 and 

16 4.

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