I 
109TH CONGRESS 
1ST SESSION H. R. 3133 
To provide for the registration of sex offenders and for appropriate 
notification of their whereabouts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005 
Mr. FOLEY (for himself and Mr. CRAMER) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To provide for the registration of sex offenders and for 
appropriate notification of their whereabouts, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Sex Offender Registra-
tion and Notification Act’’. 
SEC. 2. DECLARATION OF PURPOSE. 
In response to the vicious attacks by violent sexual 
predators against the victims listed below, Congress in this 
Act establishes a comprehensive national system for the 
registration of sex offenders:
(1) Jacob Wetterling, who was 11 years old, 
was abducted in 1989 in Minnesota, and remains 
missing. 
(2) Megan Nicole Kanka, who was 7 years old, 
was abducted, sexually assaulted and murdered in 
1994, in New Jersey. 
(3) Pam Lychner, who was 31 years old, was 
attacked by a career offender in Houston, Texas. 
(4) Jetseta Gage, who was 10 years old, was 
kidnapped, sexually assaulted, and murdered in 
2005 in Cedar Rapids, Iowa. 
(5) Dru Sjodin, who was 22 years old, was sex-
ually assaulted and murdered in 2003, in North Da-
kota. 
(6) Jessica Lunsford, who was 9 years, was ab-
ducted, sexually assaulted, buried alive, and mur-
dered in 2005, in Homosassa, Florida. 
(7) Sarah Lunde, who was 13 years old, was 
strangled and murdered in 2005, in Ruskin, Florida. 
(8) Amie Zyla, who was 8 years old, was sexu-
ally assaulted in 1996 by a juvenile offender in 
Waukesha, Wisconsin, and has become an advocate 
for child victims and protection of children from ju-
venile sex offenders.
(9) Christy Ann Fornoff, who was 13 years old, 
was abducted, sexually assaulted and murdered in 
1984, in Tempe, Arizona. 
(10) Alexandra Nicole Zapp, who was 30 years 
old, was brutally attacked and murdered in a public 
restroom by a repeat sex offender in 2002, in 
Bridgewater, Massachusetts. 
TITLE 
I—JACOB 
WETTERLING 
SEX 
OFFENDER 
REGISTRA-
TION 
AND 
NOTIFICATION 
PROGRAM 
SEC. 101. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA 
EXPANSION OF SEX OFFENDER DEFINITION 
AND EXPANDED INCLUSION OF CHILD PRED-
ATORS. 
In this Act the following definitions apply: 
(1) SEX OFFENDER REGISTRY.—The term ‘‘sex 
offender registry’’ means a registry of sex offenders, 
and a notification program, maintained by a juris-
diction. 
(2) 
JURISDICTION.—The 
term 
jurisdiction 
means any of the following: 
(A) A State. 
(B) The District of Columbia. 
(C) The Commonwealth of Puerto Rico.
(D) Guam. 
(E) American Somoa. 
(F) Northern Mariana Islands. 
(G) The United States Virgin Islands. 
(H) A federally recognized Indian tribe. 
(3) AMIE ZYLA EXPANSION OF SEX OFFENDER 
DEFINITION.—The term ‘‘sex offender’’ means an 
individual who, either before or after the enactment 
of this Act, was convicted of, or adjudicated a juve-
nile delinquent for, an offense (other than an offense 
involving sexual conduct where the victim was at 
least 13 years old and the offender was not more 
than 4 years older than the victim and the sexual 
conduct was consensual, or an offense consisting of 
consensual sexual conduct with an adult) whether 
Federal, State, local, tribal, foreign (other than an 
offense based on conduct that would not be a crime 
if the conduct took place in the United States), mili-
tary, juvenile or other, that is— 
(A) a specified offense against a minor; 
(B) a serious sex offense; or 
(C) a misdemeanor sex offense against a 
minor. 
(4) EXPANSION OF DEFINITION OF OFFENSE 
TO
INCLUDE
ALL
CHILD
PREDATORS.—The term
‘‘specified offense against a minor’’ means an of-
fense against a minor that involves any of the fol-
lowing: 
(A) Kidnapping (unless committed by a 
parent). 
(B) False imprisonment (unless committed 
by a parent). 
(C) Solicitation to engage in sexual con-
duct. 
(D) Use in a sexual performance. 
(E) Solicitation to practice prostitution. 
(F) Possession, production, or distribution 
of child pornography. 
(G) Criminal sexual conduct towards a 
minor. 
(H) Any conduct that by its nature is a 
sexual offense against a minor. 
(I) Any other offense designated by the At-
torney General for inclusion in this definition. 
(J) Any attempt or conspiracy to commit 
an offense described in this paragraph. 
(5) SEX
OFFENSE.—The term ‘‘sex offense’’ 
means a criminal offense that has an element involv-
ing sexual act or sexual contact with another, or an 
attempt or conspiracy to commit such an offense.
(6) SERIOUS SEX OFFENSE.—The term ‘‘seri-
ous sex offense’’ means— 
(A) a sex offense punishable under the law 
of a jurisdiction by imprisonment for more than 
one year; 
(B) any Federal offense under chapter 
109A, 110, 117, or section 1591 of title 18, 
United States Code; 
(C) an offense in a category specified by 
the 
Secretary 
of 
Defense 
under 
section 
115(a)(8)(C) of title I of Public Law 105–119 
(10 U.S.C. 951 note); and 
(D) any other offense designated by the 
Attorney General for inclusion in this definition. 
(7) MISDEMEANOR
SEX
OFFENSE
AGAINST
A 
MINOR.—The 
term 
‘‘misdemeanor 
sex 
offense 
against a minor’’ means a sex offense against a 
minor punishable by imprisonment for not more 
than one year. 
(8) STUDENT.—The term ‘‘student’’ means an 
individual who enrolls or attends an educational in-
stitution, including (whether public or private) a sec-
ondary school, trade or professional school, and in-
stitution of higher education.
(9) EMPLOYEE.—The term ‘‘employee’’ includes 
an individual who is self-employed or works for any 
other entity, whether compensated or not. 
(10) RESIDES.—The term ‘‘resides’’ means, 
with respect to an individual, the location of the in-
dividual’s home or other place where the individual 
lives. 
(11) MINOR.—The term ‘‘minor’’ means an in-
dividual who has not attained the age of 18 years. 
SEC. 102. REGISTRY REQUIREMENTS FOR JURISDICTIONS. 
Each jurisdiction shall maintain a jurisdiction-wide 
sex offender registry conforming to the requirements of 
this Act. The Attorney General shall issue and interpret 
guidelines to implement the requirements and purposes of 
this Act. 
SEC. 103. REGISTRY REQUIREMENTS FOR SEX OFFENDERS. 
(a) IN GENERAL.—A sex offender must register, and 
keep the registration current, in each jurisdiction where 
the offender resides, where the offender is an employee, 
and where the offender is a student. 
(b) INITIAL REGISTRATION.—The sex offender shall 
initially register— 
(1) before completing a sentence of imprison-
ment with respect to the offense giving rise to the 
registration requirement; or
(2) not later than 5 days after being sentenced 
for that offense, if the sex offender is not sentenced 
to a term of imprisonment. 
(c) KEEPING THE REGISTRATION CURRENT.—A sex 
offender must inform each jurisdiction involved, not later 
than 5 days after each change of residence, employment, 
or student status. 
(d) RETROACTIVE DUTY TO REGISTER.—The Attor-
ney General shall prescribe a method for the registration 
of sex offenders convicted before the enactment of this 
Act. 
(e) STATE PENALTY FOR FAILURE TO COMPLY.— 
Each jurisdiction shall provide a criminal penalty, that in-
cludes a maximum term of imprisonment that is greater 
than one year, for the failure of a sex offender to comply 
with the requirements of this Act. 
SEC. 104. INFORMATION REQUIRED IN REGISTRATION. 
(a) PROVIDED
BY
THE OFFENDER.—The sex of-
fender must provide the following information to the ap-
propriate official for inclusion in the sex offender registry: 
(1) The name of the sex offender (including any 
alias used by the individual). 
(2) The Social Security number of the sex of-
fender.
(3) The address and location of the residence at 
which the sex offender resides or will reside. 
(4) The place where the sex offender is em-
ployed or will be employed. 
(5) The place where the sex offender is a stu-
dent or will be a student. 
(6) The license plate number of any vehicle 
owned or operated by the sex offender. 
(7) A photograph of the sex offender. 
(8) A set of fingerprints and palm prints of the 
sex offender, if the appropriate official determines 
that the jurisdiction does not already have available 
an accurate set. 
(9) A DNA sample of the sex offender, if the 
appropriate official determines that the jurisdiction 
does not already have available an appropriate DNA 
sample. 
(10) Any other information required by the At-
torney General. 
(b) PROVIDED BY THE JURISDICTION.—The jurisdic-
tion in which the sex offender registers shall include the 
following information in the registry for that sex offender: 
(1) A statement of the facts of the offense giv-
ing rise to the requirement to register under this 
Act.
(2) The criminal history of the sex offender. 
(3) Any other information required by the At-
torney General. 
SEC. 105. DURATION OF REGISTRATION REQUIREMENT. 
A sex offender shall keep the registration current— 
(1) for the life of the sex offender, if the offense 
is a specified offense against a minor, a serious sex 
offense, or a second misdemeanor sex offense 
against a minor; and 
(2) for a period of 20 years, in any other case. 
SEC. 106. IN PERSON VERIFICATION. 
A sex offender shall appear in person and verify the 
information in each registry in which that offender is re-
quired to be registered not less frequently than once every 
six months. 
SEC. 107. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRA-
TION REQUIREMENTS AND TO REGISTER. 
An appropriate official shall, shortly before release 
from custody of the sex offender, or, if the sex offender 
is not in custody, immediately after the sentencing of the 
sex offender, for the offense giving rise to the duty to reg-
ister— 
(1) inform the sex offender of the duty to reg-
ister and explain that duty;
(2) require the sex offender to read and sign a 
form stating that the duty to register has been ex-
plained and that the sex offender understands the 
registration requirement; and 
(3) ensure that the sex offender is registered. 
SEC. 108. JESSICA LUNSFORD ADDRESS VERIFICATION 
PROGRAM. 
(a) ESTABLISHMENT.—There is established the Jes-
sica Lunsford Address Verification Program (hereinafter 
in this section referred to as the ‘‘Program’’). 
(b) VERIFICATION.—In the Program, an appropriate 
official shall verify the residence of each registered sex of-
fender not less than monthly or, in the case of a sex of-
fender required to register because of a misdemeanor sex 
offense against a minor, not less than quarterly. 
(c) USE
OF MAILED FORM AUTHORIZED.—Such 
verification may be achieved by mailing a nonforwardable 
verification form to the last known address of the sex of-
fender. The date of the mailing may be selected at ran-
dom. The sex offender must return the form, including 
a notarized signature, within a set period of time. A failure 
to return the form as required may be a failure to register 
for the purposes of this Act.
SEC. 109. NATIONAL SEX OFFENDER REGISTRY. 
The Attorney General shall maintain a national data-
base at the Federal Bureau of Investigation for each sex 
offender and other person required to register in a juris-
diction’s sex offender registry. The database shall be 
known as the National Sex Offender Registry. 
SEC. 110. DRU SJODIN NATIONAL SEX OFFENDER PUBLIC 
WEBSITE. 
(a) ESTABLISHMENT.—There is established the Dru 
Sjodin National Sex Offender Public Website (hereinafter 
referred to as the ‘‘Website’’). 
(b) INFORMATION TO BE PROVIDED.—The Attorney 
General shall maintain the Website as a site on the Inter-
net which allows the public to obtain relevant information 
for each sex offender by a single query in a form estab-
lished by the Attorney General. 
(c) ELECTRONIC FORWARDING.—The Attorney Gen-
eral shall ensure (through the National Sex Offender Reg-
istry or otherwise) that updated information about a sex 
offender is immediately transmitted by electronic for-
warding to all relevant jurisdictions, unless the Attroney 
General determines that each jurisdiction has so modified 
its sex offender registry and notification program that 
there is no longer a need for the Attorney General to do.
SEC. 111. PUBLIC ACCESS TO SEX OFFENDER INFORMA-
TION THROUGH THE INTERNET. 
Each jurisdiction shall make available on the Internet 
all information about each sex offender in the registry, ex-
cept for the offender’s Social Security number, the identity 
of any victim, and any other information exempted from 
disclosure by the Attorney General. The jurisdiction shall 
provide this information in a manner that is readily acces-
sible to the public. 
SEC. 112. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE 
ZAPP COMMUNITY NOTIFICATION PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—There is estab-
lished the Megan Nicole Kanka and Alexandra Nicole 
Zapp Community Program (hereinafter in this section re-
ferred to as the ‘‘Program’’). 
(b) NOTIFICATION.—In the Program, as soon as pos-
sible, and in any case not later than 5 days after a sex 
offender registers or updates a registration, an appro-
priate official in the jurisdiction shall provide the informa-
tion in the registry (other than information exempted from 
disclosure by the Attorney General) about that offender 
to the following: 
(1) The Attorney General, who shall include 
that information in the National Sex Offender Reg-
istry.
(2) Appropriate law enforcement agencies (in-
cluding probation agencies, if appropriate), and each 
school and public housing agency, in each area in 
which the individual resides, is employed, or is a stu-
dent. 
(3) Each jurisdiction from or to which a change 
of residence, work, or student status occurs. 
(4) Any agency responsible for conducting em-
ployment-related background checks under section 3 
of the National Child Protection Act of 1993 (42 
U.S.C. 5119a). 
(5) Social service entities responsible for pro-
tecting minors in the child welfare system. 
(6) Volunteer organizations in which contact 
with minors or other vulnerable individuals might 
occur. 
SEC. 113. ACTIONS TO BE TAKEN WHEN SEX OFFENDER 
FAILS TO COMPLY. 
An appropriate official shall notify the Attorney Gen-
eral and appropriate State and local law enforcement 
agencies of any failure by a sex offender to comply with 
the requirements of a registry. The appropriate official, 
the Attorney General, and each such State and local law 
enforcment agency shall take any appropriate action to en-
sure compliance.
SEC. 114. IMMUNITY FOR GOOD FAITH CONDUCT. 
Law enforcement agencies, employees of law enforce-
ment agencies and independent contractors acting at the 
direction of such agencies, and officials of jurisdictions 
and other political subdivisions shall not be civilly or crimi-
nally liable for good faith conduct under this Act. 
SEC. 115. DEVELOPMENT AND AVAILABILITY OF REGISTRY 
MANAGEMENT SOFTWARE. 
The Attorney General shall develop and support soft-
ware for use to establish, maintain, publish, and share sex 
offender registries. 
SEC. 116. FEDERAL DUTY WHEN STATE PROGRAMS NOT 
MINIMALLY SUFFICIENT. 
If the Attorney General determines that a jurisdiction 
does not have a minimally sufficient sex offender registra-
tion program, the Department of Justice shall, to the ex-
tent practicable, carry out the duties imposed on that ju-
risdiction by this Act. 
SEC. 117. PERIOD FOR IMPLEMENTATION BY JURISDIC-
TIONS. 
Each jurisdiction shall implement this Act not later 
than 2 years after the date of the enactment of this Act. 
However, the Attorney General may authorize a one-year 
extension of the deadline.
SEC. 118. FAILURE TO COMPLY. 
(a) IN GENERAL.—For any fiscal year after the end 
of the period for implementation, a jurisdiction that fails 
to implement this Act shall not receive 10 percent of the 
funds that would otherwise be allocated for that fiscal year 
to the jurisdiction under each of the following programs: 
(1) 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 character-
ized as the Edward Byrne Memorial State and Local 
Law Enforcement Assistance Programs, the Edward 
Byrne Memorial Justice Assistance Grant Program, 
or otherwise. 
(2) LLEBG.—The Local Government Law En-
forcement Block Grants program. 
(b) REALLOCATION.—Amounts not allocated under a 
program referred to in paragraph (1) to a jurisdiction for 
failure to fully implement this Act shall be reallocated 
under that program to jurisdictions that have not failed 
to implement this Act. 
SEC. 119. SEX OFFENDER MANAGEMENT ASSISTANCE 
(SOMA) PROGRAM. 
(a) IN GENERAL.—The Attorney General shall estab-
lish and implement a Sex Offender Management Assist-
ance program (in this Act referred to as the ‘‘SOMA pro-
gram’’) under which the Attorney General may award a
grant to a jurisdiction to offset the costs of implementing 
this Act. 
(b) APPLICATION.—The chief executive of a jurisdic-
tion shall, on an annual basis, submit to the Attorney Gen-
eral an application in such form and containing such infor-
mation as the Attorney General may require. 
(c) BONUS PAYMENTS FOR PROMPT COMPLIANCE.— 
A jurisdiction that, as determined by the Attorney Gen-
eral, has implemented this Act not later than two years 
after the date of the enactment of this Act is eligible for 
a bonus payment. Such payment shall be made under the 
SOMA program for the first fiscal year beginning after 
that determination. The amount of the payment shall be— 
(1) 10 percent of the total received by the juris-
diction under the SOMA program for the preceding 
fiscal year, if implementation is not later than one 
year after the date of enactment of this Act; and 
(2) 5 percent of such total, if not later than two 
years after that date. 
(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any amounts otherwise authorized to be appro-
priated, there are authorized to be appropriated such sums 
as may be necessary to the Attorney General, to be avail-
able only for the SOMA program, for fiscal years 2006 
through 2008.
SEC. 120. DEMONSTRATION PROJECT FOR USE OF ELEC-
TRONIC MONITORING DEVICES. 
(a) PROJECT REQUIRED.—The Attorney General 
shall carry out a demonstration project under which the 
Attorney General makes grants to jurisdictions to dem-
onstrate the extent to which electronic monitoring devices 
can be used effectively in a sex offender management pro-
gram. 
(b) USE OF FUNDS.—The jurisdiction may use grant 
amounts under this section directly, or through arrange-
ments with public or private entities, to carry out pro-
grams under which the whereabouts of sex offenders are 
monitored by electronic monitoring devices. 
(c) PARTICIPANTS.—Not more than 10 jurisdictions 
may participate in the demonstration project at any one 
time. 
(d) FACTORS.—In selecting jurisdictions to partici-
pate in the demonstration project, the Attorney General 
shall consider the following factors: 
(1) The total number of sex offenders in the ju-
risdiction. 
(2) The percentage of those sex offenders who 
fail to comply with registration requirements. 
(3) The threat to public safety posed by those 
sex offenders who fail to comply with registration re-
quirements.