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operations inside Rwanda until and unless the President
has certified to the Congress that the security situation in
the countryside has stabilized to the extent that United
States forces will not play a peacekeeping or peace-enforc-
ing role between the warring factions inside Rwanda: Pro-
vided further, That no funds are available for United States
participation in operations in or around Rwanda after Oc-
tober 7, 1994: Provided further, That the President shall
provide a plan to the Congress by September 15, 1994, as
to how he will terminate United States involvement in the
Rwanda operation by October 7, 1994, unless an extension
of time is approved by the Congress, and what arrange-
ments have been made for other nations and international
public and private organizations to replace United States
resources and personnel.
Ω215æTITLE X—MEGAN KANKA SEXUALLY
VIOLENT PREDATORS ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ‘‘Megan Kanka Sexually
Violent Predators Act’’.
SEC. 1002. FINDINGS.
Congress finds that—
(1) there exists a small but extremely dangerous
group of sexually violent persons who do not have a
mental disease or defect;
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(2) persons who are sexually violent predators
generally have antisocial personality features that—
(A) are not amenable to mental illness
treatment modalities in existence on the date of
enactment of this Act; and
(B) render the persons likely to engage in
sexually violent behavior;
(3) the likelihood that sexually violent predators
will repeat acts of predatory sexual violence is high;
and
(4) the prognosis for curing sexually violent
predators is poor and the treatment needs of the pop-
ulation of the predators are very long-term.
SEC. 1003. DEFINITIONS.
As used in this title:
(1) MENTAL ABNORMALITY.—The term ‘‘mental
abnormality’’ means a congenital or acquired condi-
tion of a person that affects the emotional or voli-
tional capacity of the person in a manner that pre-
disposes the person to the commission of criminal sex-
ual acts to a degree that makes the person a menace
to the health and safety of other persons.
(2) PREDATORY.—The term ‘‘predatory’’, with
respect to an act, means an act directed towards a
stranger, or a person with whom a relationship has
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been established or promoted, for the primary purpose
of victimization.
(3) SEXUALLY
VIOLENT
OFFENSE.—The term
‘‘sexually violent offense’’ means an act that is a vio-
lation of title 18, United States Code or State crimi-
nal code that—
(A) involves the use or attempted or threat-
ened use of physical force against the person or
property of another person; and
(B) is determined beyond a reasonable
doubt to be sexually motivated.
(4) SEXUALLY VIOLENT PREDATOR.—The term
‘‘sexually violent predator’’ means a person who has
been convicted of a sexually violent offense and who
suffers from a mental abnormality or personality dis-
order that makes the person likely to engage in preda-
tory sexually violent offenses.
SEC. 1004. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—
(1) STATE
GUIDELINES.—In accordance with
this section, the Attorney General shall establish
guidelines for State programs to require a sexually
violent predator to register a current address with a
designated State law enforcement agency upon release
from prison, being placed on parole, or being placed
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on supervised release. The Attorney General shall ap-
prove each State program that complies with the
guidelines.
(2) STATE COMPLIANCE.—
(A) IMPLEMENTATION DATE.—A State that
does not implement a program described in
paragraph (1) by the date that is 3 years after
the date of enactment of this Act, and maintain
the implementation thereafter, shall be ineligible
for funds in accordance with subparagraph (B).
(B) INELIGIBILITY FOR FUNDS.—
(i) IN
GENERAL.—A State that does
not implement the program as described in
subparagraph (A) shall not receive 10 per-
cent of the funds that would otherwise be al-
located to the State under section 506 of the
Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3756).
(ii) REALLOCATION OF FUNDS.—Funds
made available under clause (i) shall be re-
allocated, in accordance with such section,
to such States as implement the program as
described in subparagraph (A).
(b) REGISTRATION REQUIREMENT UPON RELEASE,
PAROLE, OR SUPERVISED RELEASE.—
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(1) IN GENERAL.—An approved State program
established in accordance with this section shall con-
tain the requirements described in this section.
(2) DETERMINATION.—The determination that a
person is a ‘‘sexually violent predator’’ and the deter-
mination that a person is no longer a ‘‘sexually vio-
lent predator’’ shall be made by the sentencing court
after receiving a report by a board of experts on sex-
ual offenses. Each State shall establish a board com-
posed of experts in the field of the behavior and treat-
ment of sexual offenders.
(3) NOTIFICATION.—If a person who is required
to register under this section is anticipated to be re-
leased from prison, paroled, or placed on supervised
release, a State prison officer shall, not later than 90
days before the anticipated date of the release or com-
mencement of the parole—
(A) inform the person of the duty to reg-
ister;
(B) inform the person that if the person
changes residence address, the person shall give
the new address to a designated State law en-
forcement agency in writing not later than 10
days after the change of address;
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(C) obtain the name of the person, identify-
ing factors, anticipated future residence, offense
history, and documentation of any treatment re-
ceived for the mental abnormality or personality
disorder of the person; and
(D) require the person to read and sign a
form stating that the duty of the person to reg-
ister under this section has been explained.
(4) TRANSFER OF INFORMATION TO STATE AND
THE FBI.—Not later than 3 days after the receipt of
the information described in paragraph (3)(C), the of-
ficer shall forward the information to a designated
State law enforcement agency. As soon as practicable
after the receipt of the information by the State law
enforcement agency, the agency shall—
(A) enter the information into the appro-
priate State law enforcement record system and
notify the appropriate law enforcement agency
that has jurisdiction over the area in which the
person expects to reside; and
(B) transmit the information to the Identi-
fication Division of the Federal Bureau of Inves-
tigation.
(5) QUARTERLY VERIFICATION.—