103(b), or is notified of information under para-
graph (1), the Attorney General shall—
(A) revise the National Sex Offender Reg-
istry to reflect that information; and 
(B) add the name of the individual to the 
wanted person file of the National Crime Infor-
mation Center and create a wanted persons 
record: Provided, That an arrest warrant which 
meets the requirements for entry into the file is 
issued in connection with the violation. 
(c) WHEN A COVERED INDIVIDUAL CHANGES AD-
DRESS.—
(1) IN GENERAL.—The Attorney General and 
each State actor or tribal actor shall ensure that, 
whenever information is made known to the Attor-
ney General or to that actor (as the case may be) 
that a covered individual has established a new 
domicile, and the individual’s new domicile State and 
previous domicile State are not the same, the infor-
mation about the new domicile and all other infor-
mation collected under this Act about the individual 
is promptly made available to—
(A) the local law enforcement agencies re-
sponsible for the area in which the previous
domicile is located, and to those responsible for 
the area in which the new domicile is located; 
(B) the previous domicile State; and 
(C) the new domicile State. 
(2) ELECTRONIC FORWARDING.—In addition to 
the requirements of paragraph (1), the Attorney 
General shall ensure (through the National Sex Of-
fender Registry or otherwise) that, whenever infor-
mation is made known to the Attorney General that 
a covered individual has established a new domicile, 
and the individual’s new domicile State and previous 
domicile State are not the same, the information 
about the new domicile and all other information col-
lected under this Act about the individual is auto-
matically and immediately, by means of electronic 
forwarding, transmitted to the new domicile State, if 
the new domicile State is qualified for purposes of 
this Act. 
(d) WHEN A COVERED INDIVIDUAL IS SENTENCED 
OR COMPLETES A TERM OF IMPRISONMENT.—The Attor-
ney General and each State actor or tribal actor shall en-
sure that, immediately after a covered individual is sen-
tenced for an offense that qualifies the individual as a cov-
ered individual (or, if the individual is imprisoned for that
offense, immediately before completing the term of impris-
onment), a responsible official—
(1) notifies the Attorney General that the indi-
vidual has completed the term of imprisonment; and 
(2) notifies the individual of the individual’s du-
ties under this Act. 
SEC. 106. STATE AND TRIBAL SEX OFFENDER REGISTRIES. 
(a) STATEWIDE REGISTRY REQUIRED.—Each State 
actor or tribal actor shall maintain, throughout its juris-
diction, a single comprehensive registry of information col-
lected under this Act. 
(b) RELEASE OF INFORMATION IN REGISTRY.—Each 
State actor or tribal actor shall have in effect, throughout 
its jurisdiction, a single public information program that 
includes the following elements: 
(1) INTERNET SITE.—
(A) IN GENERAL.—The actor shall release 
to the public, through an Internet site main-
tained by the actor, all information, except for 
Social Security numbers and information relat-
ing to a covered individual for an offense com-
mitted when the covered individual had not at-
tained the age of 18 years, collected under this 
Act. The site shall have multiple field search ca-
pability and shall include, for each covered indi-
vidual, the name, aliases, home address, work 
address, photograph, conviction for which reg-
istration is required, and risk level. The site 
shall include, as much as practicable, links to 
sex offender safety and education resources. 
(B) INTEGRATION OF STATE SITES.—The 
actor shall consult with other State actors and 
tribal actors to ensure, as much as practicable, 
that the site integrates with and shares infor-
mation with the sites maintained by those other 
actors. 
(C) CORRECTION
OF
ERRORS.—The site 
shall contain instructions on the process for 
correcting information that a person alleges to 
be erroneous. 
(D) RISK
LEVEL.—For purposes of this 
paragraph, the risk level for an individual shall 
be determined under procedures established by 
the actor, under which the individual is pro-
vided notice and an opportunity to present evi-
dence, including witnesses, to the trier of fact, 
and upon proof of indigent status is provided 
counsel at the expense of the actor. The actor 
shall establish not fewer than two risk levels.
(2) COMMUNITY
NOTIFICATION.—Appropriate 
law enforcement agencies shall release information 
collected under this Act relating to a covered indi-
vidual to—
(A) public and private schools, child care 
providers, and businesses that provide services 
or products to children, located within a radius, 
prescribed by the Attorney General, of the home 
or work address of the individual; and 
(B) residents who reside within a radius, 
prescribed by the Attorney General, of the home 
or work address of the individual. 
(c) PUBLICATION OF NUMBER OF OFFENDERS REG-
ISTERED.—Every three months, the Attorney General 
shall collect from each State actor and tribal actor infor-
mation on the total number of covered individuals included 
in the registry maintained by that State actor or tribal 
actor. The Attorney General shall release that information 
to the public in a manner consistent with this Act. 
(d) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Attorney General shall 
submit to Congress a report on the feasibility of requiring 
State actors and tribal actors to actively notify individuals 
within a community should a covered individual move into 
that community.
SEC. 107. NATIONAL SEX OFFENDER REGISTRY. 
(a) IN GENERAL.—The Attorney General shall main-
tain a database to track the whereabouts and movements 
of covered individuals. The database shall be known as the 
National Sex Offender Registry. 
(b) DISCRETIONARY RELEASE OF INFORMATION.—
(1) IN GENERAL.—Subject to paragraph (2), 
the Attorney General may release information in the 
National Sex Offender Registry concerning a covered 
individual if the Attorney General determines that 
the information released is relevant and necessary to 
protect the public. 
(2) IDENTITY OF VICTIM.—The Attorney Gen-
eral shall not, under paragraph (1), release the iden-
tity of the victim of an offense by reason of which 
an individual is a covered individual. 
(c) REQUIRED DISCLOSURES TO CRIMINAL JUSTICE 
AGENCIES.—The Attorney General shall disclose informa-
tion in the National Sex Offender Registry—
(1) to Federal, State, and local criminal justice 
agencies—
(A) for law enforcement purposes; and 
(B) for releases of information under sub-
section (b); and 
(2) to Federal, State, and local governmental 
agencies responsible for conducting employment-re-
lated background checks under section 3 of the Na-
tional Child Protection Act of 1993 (42 U.S.C. 
5119a). 
SEC. 108. DEVELOPMENT AND AVAILABILITY OF REGISTRY 
MANAGEMENT SOFTWARE. 
(a) DEVELOPMENT OF SOFTWARE REQUIRED.—The 
Attorney General, in consultation with State actors and 
tribal actors, shall develop a software application that can 
be used by State actors and tribal actors for purposes of 
this Act. The software shall operate in such a manner that 
a State actor or tribal actor can, by using the software, 
fully comply with all the requirements under this Act for 
collecting, managing, and exchanging information (includ-
ing exchanging information with other State actors and 
tribal actors). 
(b) AVAILABILITY TO STATE AND TRIBAL ACTORS.—
(1) IN GENERAL.—The Attorney General shall 
make the software developed under this section 
available to State actors and tribal actors. The first 
complete edition of the software shall be made avail-
able within 2 years after the date of the enactment 
of this Act. 
(2) FEE.—The Attorney General shall make the 
software available under paragraph (1) for a fee not 
more than one percent of the Attorney General’s
cost to develop, implement, and support the soft-
ware. 
(c) SUPPORT.—The Attorney General shall ensure 
that a State actor or tribal actor purchasing the software 
is provided technical support for the installation of the 
software and for maintaining the software. 
SEC. 109. DNA DATABASE FOR COVERED INDIVIDUALS. 
(a) DATABASE REQUIRED.—The Attorney General 
shall establish and maintain a database for the purposes 
of—
(1) managing DNA information with respect to 
covered individuals; and 
(2) making that information available to Fed-
eral, State, and local law enforcement agencies for 
use by those agencies in a manner consistent with 
this Act. 
(b) REGULATIONS.—Under regulations issued by the 
Attorney General—
(1) Federal, State, and local agencies and other 
entities may submit DNA information to the Attor-
ney General for inclusion in the database; 
(2) Federal, State, and local law enforcement 
agencies may compare DNA information against 
other DNA information in the database; and
(3) Federal, State, and local prosecutors may 
use DNA information in prosecutions. 
SEC. 110. DUTY OF COURTS TO DETERMINE WHETHER AN 
INDIVIDUAL IS A SEXUALLY VIOLENT PRED-
ATOR. 
(a) IN GENERAL.—A determination of whether an in-
dividual is a sexually violent predator for purposes of this 
Act shall be made by a court after considering the rec-
ommendation of a board composed of experts in the behav-
ior and treatment of sex offenders, victims’ rights advo-
cates, and representatives of law enforcement agencies. 
(b) WAIVER.—The Attorney General may waive the 
requirements of subsection (a) with respect to a State 
actor or tribal actor if the Attorney General determines 
that the State actor or tribal actor has established alter-
native procedures or legal standards for designating a per-
son as a sexually violent predator. 
(c) DEFINITIONS.—In this section: 
(1) MENTAL ABNORMALITY.—The term ‘‘men-
tal abnormality’’ means a congenital or acquired 
condition of an individual that affects the emotional 
or volitional capacity of the individual in a manner 
that predisposes that individual to the commission of 
criminal sexual acts to a degree that makes the per-
son a menace to the health and safety of other per-
sons. 
(2) PREDATORY.—The term ‘‘predatory’’ means 
an act directed at an individual (whether or not a 
relationship with that individual has been established 
or promoted) for the primary purpose of victimiza-
tion. 
SEC. 111. DUTY OF ATTORNEY GENERAL TO DETERMINE 
WHETHER STATE OR TRIBAL ACTORS ARE 
QUALIFIED. 
(a) IN GENERAL.—A determination of whether a 
State actor or tribal actor is qualified for purposes of this 
Act shall be made by the Attorney General in accordance 
with this section. 
(b) REQUIREMENTS.—The Attorney General may de-
termine that a State actor or tribal actor is qualified if, 
as determined by the Attorney General, each of the fol-
lowing apply: 
(1) The actor has in effect, throughout its juris-
diction, laws that implement the requirements of 
section 103, or substantially similar requirements, 
with respect to each covered individual whose domi-
cile is within that jurisdiction.
(2) The actor participates in the National Sex 
Offender Registry in the manner that the Attorney 
General considers appropriate. 
(3) The actor ensures that an audit of the ac-
tivities carried out under this Act is carried out at 
least once each year and that the findings of each 
audit are promptly reported to the Attorney General. 
(c) REPORTS TO CONGRESS.—Each year, the Attor-
ney General shall submit to Congress a report identifying 
the extent to which each State actor or tribal actor is 
qualified for purposes of this Act. 
SEC. 112. USE OF OTHER FEDERAL INFORMATION TO 
TRACK SEX OFFENDERS. 
(a) TAXPAYER INFORMATION.—The Secretary of the 
Treasury, in coordination with the Attorney General, shall 
develop and maintain a system under which taxpayer in-
formation that pertains to a covered individual and is use-
ful in locating the individual, or in verifying information 
with respect to the individual, is made available to Fed-
eral, State, and local law enforcement agencies for use by 
those agencies in a manner consistent with this Act. 
(b) SOCIAL
SECURITY
INFORMATION.—The Sec-
retary of Health and Human Services, in coordination 
with the Attorney General, shall develop and maintain a 
system under which Social Security information that per-
tains to a covered individual and is useful in locating the 
individual, or in verifying information with respect to the 
individual, is made available to Federal, State, and local 
law enforcement agencies for use by those agencies in a 
manner consistent with this Act. 
SEC. 113. IMPLEMENTATION BY STATE AND TRIBAL AC-
TORS AND ASSISTANCE GRANTS TO THOSE 
ACTORS. 
(a) IMPLEMENTATION BY STATE AND TRIBAL AC-
TORS.—
(1) IN GENERAL.—Each State actor or tribal 
actor shall have not more than 3 years from the date 
of the enactment of this Act in which to fully imple-
ment this Act. 
(2) IMPLEMENTATION BY TRIBES AND IN IN-
DIAN COUNTRY.—The Attorney General shall coordi-
nate with the Secretary of the Interior to assist trib-
al actors in fully implementing this Act throughout 
the jurisdiction of each tribal actor. 
(b) INELIGIBILITY FOR FUNDS.—
(1) IN GENERAL.—For any fiscal year after the 
expiration of the period specified in subsection 
(a)(1), a State actor or tribal actor that fails to fully 
implement this Act shall not receive 10 percent of 
the funds that would otherwise be allocated for that
fiscal year to the actor under any of the following 
programs: 
(A) BYRNE.—Subpart 1 of Part E of title 
I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3750 et seq.), 
whether characterized as the Edward Byrne 
Memorial State and Local Law Enforcement 
Assistance Programs, the Edward Byrne Me-
morial Justice Assistance Grant Program, or 
otherwise. 
(B) LLEBG.—The Local Government 
Law Enforcement Block Grants program. 
(C) 
OTHER
LAW
ENFORCEMENT 
GRANTS.—Any other program under which the 
Attorney General provides grants or other fi-
nancial assistance, except for the SOMA pro-
gram under this section. 
(2) REALLOCATION.—Amounts not allocated 
under a program referred to in paragraph (1) to an 
actor for failure to fully implement this Act shall be 
reallocated under that program to State actors and 
tribal actors that have not failed to fully implement 
this Act. 
(c) SEX OFFENDER MANAGEMENT ASSISTANCE PRO-
GRAM.—
(1) IN GENERAL.—From amounts made avail-
able to carry out this subsection, the Attorney Gen-
eral shall carry out a program, to be known as the 
Sex Offender Management Assistance program (in 
this section referred to as the ‘‘SOMA program’’), 
under which the Attorney General awards a grant to 
each State actor or tribal actor to offset costs di-
rectly associated with implementing this Act. 
(2) DISTRIBUTION
OF
FUNDS.—Each grant 
awarded under the SOMA program shall be distrib-
uted directly to the State actor or tribal actor for 
distribution by that actor to public entities within 
that actor. 
(3) USES.—
(A) IN
GENERAL.—Subject to subpara-
graph (B), each grant awarded under the 
SOMA program shall be used for training, sala-
ries, equipment, materials, and other costs di-
rectly associated with implementing this Act, 
including the costs of acquiring and using de-
vices in carrying out section 104. 
(B) DATABASES OF INDIVIDUALS IN CUS-
TODY.—Up to 10 percent of a grant awarded 
under the SOMA program may be used to par-
ticipate in one or more databases that identify
individuals 
in 
custody, 
such 
as 
the 
JusticeXchange database. 
(4) ELIGIBILITY.—
(A) APPLICATION.—To be eligible to re-
ceive a grant under the SOMA program, the 
chief executive of a State actor or tribal actor 
shall, on an annual basis, submit to the Attor-
ney General an application (in such form and 
containing such information as the Attorney 
General may reasonably require) assuring 
that—
(i) the actor has fully implemented (or 
is making a good faith effort to fully im-
plement) this Act; and 
(ii) where applicable, the actor has 
penalties comparable to or greater than 
Federal penalties for crimes listed in this 
Act, except that the Attorney General may 
waive the requirement of this clause if an 
actor demonstrates an overriding need for 
assistance under the SOMA program. 
(B) REGULATIONS.—Not later than 90 
days after the date of the enactment of this 
Act, the Attorney General shall promulgate reg-
ulations to implement the procedures used (in-
cluding the information that must be included 
and the requirements that the State actors or 
tribal actors must meet) in submitting an appli-
cation under the SOMA program. 
(5) ALLOCATION
OF
FUNDS.—In allocating 
funds under the SOMA program, the Attorney Gen-
eral may consider the number of covered individuals 
registered in each actor’s registry. 
(6) INCORPORATION
OF
CERTAIN
TRAINING 
PROGRAMS.—Before implementing the SOMA pro-
gram, the Attorney General shall study the feasi-
bility of incorporating into the SOMA program the 
activities of any technical assistance or training pro-
gram established as a result of section 40152 of the 
Violent Crime Control and Law Enforcement Act of 
1994 (42 U.S.C. 13941). In a case in which incor-
porating such activities into the SOMA program will 
eliminate duplication of efforts or administrative 
costs, the Attorney General shall take administrative 
actions, as allowable, and make recommendations to 
Congress to incorporate such activities into the 
SOMA program. 
(d) INCENTIVES.—
(1) BONUS
PAYMENTS
FOR
EARLY
COMPLI-
ANCE.—A State actor or tribal actor that has fully
implemented this Act within 2 years after the date 
of the enactment of this Act is eligible for a bonus 
payment under the SOMA program for the fiscal 
year after the Attorney General certifies that the 
actor has achieved full implementation. The amount 
of the bonus payment shall be equal to 5 percent of 
the funds that the actor received under the SOMA 
program for the preceding fiscal year. However, if 
the actor has fully implemented this Act within 1 
year after such date of enactment, the amount of the 
bonus payment shall instead be equal to 10 percent 
of the funds that the actor received under the 
SOMA program for the preceding fiscal year. An 
actor may receive a bonus payment under this para-
graph only once during the course of the SOMA pro-
gram. 
(2) REDUCED
PAYMENTS
FOR
LATE
COMPLI-
ANCE.—A State actor or tribal actor that has failed 
to fully implement this Act within 3 years after the 
date of the enactment of this Act is subject to a pay-
ment reduction under the SOMA program for the 
following fiscal year. The amount of the payment re-
duction shall be equal to 5 percent of the funds that 
would otherwise be allocated to the actor under the 
SOMA program for that fiscal year. In addition, if
the actor has failed to fully implement this Act with-
in 4 years after such date of enactment, the amount 
of the payment reduction shall be equal to 10 per-
cent of the funds that would otherwise be allocated 
to the actor under the SOMA program for that fis-
cal year. An actor may be subject to a payment re-
duction under this paragraph only twice during the 
course of the SOMA program. 
(e) REPORTS TO CONGRESS.—Each year, the Attor-
ney General shall submit to Congress a report identifying 
the extent to which each State actor or tribal actor has 
fully implemented this Act. 
SEC. 114. IMMUNITY FOR GOOD FAITH CONDUCT. 
A law enforcement agency, an employee of a law en-
forcement agency, a contractor acting at the direction of 
a law enforcement agency, and an officer of a State actor 
or tribal actor are immune from liability for good faith 
efforts to carry out this Act. 
SEC. 115. REGULATIONS. 
The Attorney General shall issue regulations to carry 
out this Act. 
SEC. 116. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for each of 
fiscal years 2006 through 2009 such sums as may be nec-
essary to carry out this Act.
TITLE II—AMENDATORY PROVI-
SIONS, 
TRANSITION 
PROVI-
SIONS, AND EFFECTIVE DATE 
SEC. 201. FAILURE TO PROVIDE INFORMATION A DEPORT-
ABLE OFFENSE. 
Section 237(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1227(a)(2)(A)) is amended—
(1) by redesignating clause (v) as clause (vi); 
and 
(2) by inserting after clause (iv) the following 
new clause: 
‘‘(v) FAILURE TO PROVIDE REGISTRA-
TION
INFORMATION
AS
A
SEX
OF-
FENDER.—Any alien who is convicted 
under subsection (d) of section 103 of the 
Sex Offender Registration and Notification 
Act of a violation of subsection (a) or (b) 
of such section is deportable.’’. 
SEC. 202. REPEAL. 
Sections 170101 (42 U.S.C. 14071) and 170102 (42 
U.S.C. 14072) of the Violent Crime Control and Law En-
forcement Act of 1994 are repealed.
SEC. 203. CONFORMING AMENDMENTS TO TITLE 18, UNITED 
STATES CODE. 
The following provisions of title 18, United States 
Code, are each amended by striking ‘‘and that the person 
register in any State where the person resides, is em-
ployed, carries on a vocation, or is a student (as such 
terms are defined under section 170101(a)(3) of the Vio-
lent Crime Control and Law Enforcement Act of 1994)’’ 
and inserting ‘‘and that the person comply with the Sex 
Offender Registration and Notification Act’’: 
(1) PROBATION.—Section 3563(a)(8). 
(2) SUPERVISED RELEASE.—Section 3583(d). 
SEC. 204. EFFECTIVE DATE. 
This Act and the amendments made by this Act take 
effect on the date that is 6 months after the date of the 
enactment of this Act.
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