I 
109TH CONGRESS 
2D SESSION 
H. R. 4905 
To provide for the registration of sex offenders and for appropriate 
notification of their whereabouts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 8, 2006 
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 order to protect the public from sex offenders and 
offenders against children, and in response to the vicious 
attacks by violent sexual predators against the victims list-
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
ed below, Congress in this Act establishes a comprehensive 
national system for the registration of those 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 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
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. 
(11) Polly Klaas, who was 12 years old, was ab-
ducted, sexually assaulted and murdered in 1993 by 
a career offender in California. 
(12) Jimmy Ryce, who was 9 years old, was 
kidnapped and murdered in Florida on September 
11, 1995. 
(13) Carlie Brucia, who was 11 years old, was 
abducted and murdered in Florida in February, 
2004. 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
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 Samoa. 
(F) The Northern Mariana Islands. 
(G) The United States Virgin Islands. 
(H) To the extent provided and subject to 
the requirements of section 127, a federally rec-
ognized Indian tribe. 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
(3) SEX OFFENDER.—The term ‘‘sex offender’’ 
means an individual who, either before or after the 
enactment of this Act, was convicted of, or adju-
dicated as a juvenile delinquent for, a sex offense. 
(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) An offense (unless committed by a 
parent) involving kidnapping. 
(B) An offense (unless committed by a 
parent) involving false imprisonment. 
(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 involving a 
minor, or the use of the Internet to facilitate or 
attempt such conduct. 
(H) Any conduct that by its nature is a 
sex offense against a minor. 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
(I) Video voyeurism, as described in sec-
tion 1801 of title 18, United States Code. 
(J) Any attempt or conspiracy to commit 
an offense described in this paragraph. 
(5) TIER I SEX OFFENDER.—The term ‘‘tier I 
sex offender’’ means a sex offender whose offense is 
punishable by imprisonment for one year or less. 
(6) TIER II SEX OFFENDER.—The term ‘‘tier II 
sex offender’’ means a sex offender who is not a Tier 
III sex offender whose offense— 
(A) is punishable by imprisonment for 
more than one year; or 
(B) occurs after the offender becomes a 
tier I sex offender. 
(7) TIER III SEX OFFENDER.—The term ‘‘tier 
III sex offender’’ means a sex offender whose offense 
is punishable by imprisonment for more than one 
year and— 
(A) involves a crime of violence as defined 
in section 16 of title 18, United States Code, 
against the person of another, except a crime of 
violence consisting of an abusive sexual contact, 
as defined in section 2246; 
(B) is an offense where the victim had not 
attained the age of 13 years; or 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
(C) occurs after the offender becomes a 
tier II sex offender. 
(8) AMY ZYLA EXPANSION OF SEX OFFENSE 
DEFINITION.—The term ‘‘sex offense’’ means— 
(A) a State, local, tribal, foreign, or other 
criminal offense that has an element involving 
a sexual act or sexual contact with another or 
an attempt or conspiracy to commit such an of-
fense, but does not include an offense involving 
consensual sexual conduct where the victim was 
an adult or was at least 13 years old and the 
offender was not more than 4 years older than 
the victim; 
(B) a State, local, tribal, foreign, or other 
specified offense against a minor; 
(C) a Federal offense (including an offense 
prosecuted under section 1152 or 1153 of title 
18, United States Code) under section 1201, 
1591, or 1801, or chapter 109A, 110, or 117, 
of title 18, United States Code, or any other 
Federal offense designated by the Attorney 
General for the purposes of this paragraph; or 
(D) a military offense specified by the Sec-
retary of Defense under section 115(a)(8)(C)(i) 
of Public Law 105–119 (10 U.S.C. 951 note). 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
(9) 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. 
(10) EMPLOYEE.—The term ‘‘employee’’ in-
cludes an individual who is self-employed or works 
for any other entity, whether compensated or not. 
(11) 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. 
(12) MINOR.—The term ‘‘minor’’ means an in-
dividual who has not attained the age of 18 years. 
(13) CONVICTED.—The term ‘‘convicted’’ or a 
variant thereof, used with respect to a sex offense, 
includes adjudicated deliquent as a juvenile for that 
offense. 
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 guidelines and 
regulations to interpret and implement this Act. 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
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 was convicted, 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 3 days after each change of residence, employment, 
or student status. 
(d) INITIAL REGISTRATION OF SEX OFFENDERS UN-
ABLE TO COMPLY WITH SUBSECTION (b).—The Attorney 
General shall prescribe rules for the registration of sex of-
fenders convicted before the enactment of this Act or its 
implementation in a particular jurisdiction, and for other 
categories of sex offenders who are unable to comply with 
subsection (b). 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
(e) STATE PENALTY FOR FAILURE TO COMPLY.— 
Each jurisdiction, other than a Federally recognized In-
dian tribe, shall provide a criminal penalty, that includes 
a maximum term of imprisonment that is greater than one 
year, and a minimum term of imprisonment that is no less 
than 90 days, 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 and physical description of the 
sex offender (including any alias used by the indi-
vidual). 
(2) The Social Security number of the sex of-
fender. 
(3) The address of the residence at which the 
sex offender resides or will reside. 
(4) The name and address of the place where 
the sex offender is employed or will be employed. 
(5) The name and address of the place where 
the sex offender is a student or will be a student. 
(6) The license plate number and description of 
any vehicle owned or operated by the sex offender. 
(7) A photograph of the sex offender. 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
(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) A photocopy of a valid driver’s license or 
identification card issued to the sex offender by a ju-
risdiction. 
(11) 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, including the date of the offense, and whether 
or not the sex offender was prosecuted as a juvenile 
at the time of the offense. 
(2) The criminal history of the sex offender. 
(3) Any other information required by the At-
torney General. 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
SEC. 105. DURATION OF REGISTRATION REQUIREMENT. 
A sex offender shall keep the registration current for 
a period (excluding any time the sex offender is in custody 
or civilly committed) of— 
(1) 20 years, if the offender is a tier I sex of-
fender; 
(2) 30 years, if the offender is a tier II sex of-
fender; and 
(3) the life of the offender, if the offender is a 
tier III sex offender. 
SEC. 106. IN PERSON VERIFICATION. 
A sex offender shall appear in person, provide a cur-
rent photograph, and verify the information in each reg-
istry in which that offender is required to be registered 
not less frequently than— 
(1) every six months, if the offender is a tier I 
sex offender; 
(2) every 3 months, if the offender is a tier II 
sex offender; and 
(3) every month, if the offender is a tier III sex 
offender. 
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 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
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— 
(1) semi-annually, if the offender is a tier I sex 
offender; 
(2) quarterly, if the offender is a tier II sex of-
fender; and 
(3) monthly, if the offender is a tier III sex of-
fender. 
(c) USE
OF MAILED FORM AUTHORIZED.—Such 
verification may be achieved by mailing a nonforwardable 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
verification form to the last known address of the sex of-
fender. The sex offender must return the form, including 
a notarized signature or a fingerprint verification, within 
a set period of time. A failure to return the form as re-
quired may be a failure to register for the purposes of 
this Act. 
SEC. 109. NATIONAL SEX OFFENDER REGISTRY. 
(a) INTERNET.—The Attorney General shall main-
tain a national database at the Federal Bureau of Inves-
tigation for each sex offender and other person required 
to register in a jurisdiction’s sex offender registry. The 
database shall be known as the National Sex Offender 
Registry. 
(b) 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. 
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-
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
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. 
SEC. 111. PUBLIC ACCESS TO SEX OFFENDER INFORMA-
TION THROUGH THE INTERNET. 
(a) IN GENERAL.—Except as provided in subsection 
(b), 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. 
(b) EXCEPTION.—To the extent authorized by the At-
torney General, a jurisdiction need not make available on 
the Internet information about a tier I sex offender whose 
offense is a juvenile adjudication. 
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) PROGRAM NOTIFICATION.—Except as provided in 
subsection (c), not later than 5 days after a sex offender 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
registers or updates a registration, an appropriate official 
in the jurisdiction shall provide the information in the reg-
istry (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 or other appropriate data bases. 
(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 where the sex offender re-
sides, works, or attends school, and 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. 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
(7) The community at large. 
(c) EXCEPTION.—In the case of a tier I sex offender 
whose offense is a juvenile adjudication, the Attorney Gen-
eral may authorize limitation of the entities to which the 
Program notification is given when the Attorney General 
determines it is consistent with public safety to do so. 
SEC. 113. ACTIONS TO BE TAKEN WHEN SEX OFFENDER 
FAILS TO COMPLY. 
An appropriate official shall notify the Attorney Gen-
eral and appropriate State, local, and tribal law enforce-
ment agencies of any failure by a sex offender to comply 
with the requirements of a registry. The appropriate offi-
cial, the Attorney General, and each such law enforcement 
agency shall take any appropriate action to ensure compli-
ance. 
SEC. 114. IMMUNITY FOR GOOD FAITH CONDUCT. 
The Federal Government, jurisdictions, political sub-
divisions of jurisdictions, and their agencies, officers, em-
ployees, and agents shall be immune from liability 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. 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
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 up to two 
one-year extensions 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, 
as determined by the Attorney General, substantially 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 subpart 1 of part E of title I 
of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3570 et seq.). 
(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 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
to implement this Act or may be reallocated to a jurisdic-
tion from which they were withheld to be used solely for 
the purpose of implementing this Act. 
(c) RULE OF CONSTRUCTION.—The provisions of this 
Act that are cast as directions to jurisdictions or their offi-
cials constitute, in relation to States, only conditions re-
quired to avoid the reduction of Federal funding under 
this section. 
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 substantially implemented this Act not later than 
two years after the date of the enactment of this Act is 
eligible for a bonus payment. The Attorney General may 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
make such a payment 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 that 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-
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
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. 
(4) Any other factor the Attorney General con-
siders appropriate. 
(e) DURATION.—The Attorney General shall carry 
out the demonstration project for fiscal years 2007, 2008, 
and 2009. 
(f) INNOVATION.—In making grants under this sec-
tion, the Attorney General shall ensure that different ap-
proaches to monitoring are funded to allow an assessment 
of effectiveness. 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
(g) ONE-TIME REPORT AND RECOMMENDATIONS.— 
Not later than April 1, 2008, the Attorney General shall 
submit to Congress a report— 
(1) assessing the effectiveness and value of pro-
grams funded by this section; 
(2) comparing the cost-effectiveness of the elec-
tronic monitoring to reduce sex offenses compared to 
other alternatives; and 
(3) making recommendations for continuing 
funding and the appropriate levels for such funding. 
(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary. 
SEC. 121. BONUS PAYMENTS TO STATES THAT IMPLEMENT 
ELECTRONIC MONITORING. 
(a) IN GENERAL.—A jurisdiction that, within 3 years 
after the date of the enactment of this Act, has in effect 
laws and policies described in subsection (b) shall be eligi-
ble for a bonus payment described in subsection (c), to 
be paid by the Attorney General from any amounts avail-
able to the Attorney General for such purpose. 
(b) ELECTRONIC MONITORING LAWS
AND POLI-
CIES.— 
(1) IN GENERAL.—Laws and policies referred 
to in subsection (a) are laws and policies that ensure 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
that electronic monitoring is required of a person if 
that person is released after being convicted of a sex 
offense in which an individual who has not attained 
the age of 18 years is the victim. 
(2) MONITORING REQUIRED.—The monitoring 
required under paragraph (1) is a system that ac-
tively monitors and identifies the person’s location 
and timely reports or records the person’s presence 
near or within a crime scene or in a prohibited area 
or the person’s departure from specified geographic 
limitations. 
(3) DURATION.—The electronic monitoring re-
quired by paragraph (1) shall be required of the per-
son— 
(A) for the life of the person, if— 
(i) an individual who has not attained 
the age of 12 years is the victim; or 
(ii) the person has a prior sex convic-
tion (as defined in section 3559(e) of title 
18, United States Code); and 
(B) for the period during which the person 
is on probation, parole, or supervised release for 
the offense, in any other case. 
(4) JURISDICTION REQUIRED TO MONITOR ALL 
SEX
OFFENDERS
RESIDING
IN
JURISDICTION.—In 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
addition, laws and policies referred to in subsection 
(a) also include laws and policies that ensure that 
the jurisdiction frequently monitors each person re-
siding in the jurisdiction for whom electronic moni-
toring is required, whether such monitoring is re-
quired 
under 
this 
section 
or 
under 
section 
3563(a)(9) of title 18, United States Code. 
(c) BONUS PAYMENTS.—The bonus payment referred 
to in subsection (a) is a payment equal to 10 percent of 
the funds that would otherwise be allocated for that fiscal 
year to the jurisdiction under subpart 1 of part E of title 
I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3570 et seq.). 
SEC. 122. ACCESS TO NATIONAL CRIME INFORMATION 
DATABASES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Attorney General shall ensure access to 
the national crime information databases (as defined in 
section 534 of title 28, United States Code) by— 
(1) the National Center for Missing and Ex-
ploited Children, to be used only within the scope of 
the Center’s duties and responsibilities under Fed-
eral law to assist or support law enforcement agen-
cies in administration of criminal justice functions; 
and 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
(2) governmental social service agencies with 
child protection responsibilities, to be used by such 
agencies only in investigating or responding to re-
ports of child abuse, neglect, or exploitation. 
(b) CONDITIONS OF ACCESS.—The access provided 
under this section, and associated rules of dissemination, 
shall be— 
(1) defined by the Attorney General; and 
(2) limited to personnel of the Center or such 
agencies that have met all requirements set by the 
Attorney General, including training, certification, 
and background screening. 
SEC. 123. LIMITED IMMUNITY FOR NATIONAL CENTER FOR 
MISSING AND EXPLOITED CHILDREN WITH 
RESPECT TO CYBERTIPLINE. 
Section 227 of the Victims of Child Abuse Act of 
1990 (42 U.S.C. 13032) is amended by adding at the end 
the following new subsection: 
‘‘(g) LIMITATION ON LIABILITY.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the National Center for Missing 
and Exploited Children, including any of its direc-
tors, officers, employees, or agents, is not liable in 
any civil or criminal action arising from the perform-
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
ance of its CyberTipline responsibilities and func-
tions as defined by this section. 
‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS-
CONDUCT.—Paragraph (1) does not apply in an ac-
tion in which a party proves that the National Cen-
ter for Missing and Exploited Children, or its offi-
cer, employee, or agent as the case may be, engaged 
in intentional misconduct or acted, or failed to act, 
with actual malice, with reckless disregard to a sub-
stantial risk of causing injury without legal justifica-
tion, or for a purpose unrelated to the performance 
of responsibilities or functions under this section. 
‘‘(3) ORDINARY BUSINESS ACTIVITIES.—Para-
graph (1) does not apply to an act or omission re-
lated to an ordinary business activity, such as an ac-
tivity involving general administration or operations, 
the use of motor vehicles, or personnel manage-
ment.’’. 
SEC. 124. TREATMENT AND MANAGEMENT OF SEX OFFEND-
ERS IN THE BUREAU OF PRISONS. 
Section 3621 of title 18, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(f) SEX OFFENDER MANAGEMENT.— 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
‘‘(1) IN
GENERAL.—The Bureau of Prisons 
shall make available appropriate treatment to sex of-
fenders who are in need of and suitable for treat-
ment, as follows: 
‘‘(A) SEX OFFENDER MANAGEMENT PRO-
GRAMS.—The Bureau of Prisons shall establish 
non-residential sex offender management pro-
grams to provide appropriate treatment, moni-
toring, and supervision of sex offenders and to 
provide aftercare during pre-release custody. 
‘‘(B) 
RESIDENTIAL
SEX
OFFENDER 
TREATMENT PROGRAMS.—The Bureau of Pris-
ons shall establish residential sex offender 
treatment programs to provide treatment to sex 
offenders who volunteer for such programs and 
are deemed by the Bureau of Prisons to be in 
need of and suitable for residential treatment. 
‘‘(2) REGIONS.—At least one sex offender man-
agement program under paragraph (1)(A), and at 
least one residential sex offender treatment program 
under paragraph (1)(B), shall be established in each 
region within the Bureau of Prisons. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Bu-
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS
reau of Prisons for each fiscal year such sums as 
may be necessary to carry out this subsection.’’. 
SEC. 125. GAO STUDIES ON FEASIBILITY OF USING DRIV-
ER’S LICENSE REGISTRATION PROCESSES AS 
ADDITIONAL REGISTRATION REQUIREMENTS 
FOR SEX OFFENDERS. 
For the purposes of determining the feasibility of 
using driver’s license registration processes as additional 
registration requirements for sex offenders to improve the 
level of compliance with sex offender registration require-
ments for change of address upon relocation and other re-
lated updates of personal information, the Congress re-
quires the following studies: 
(1) Not later than 180 days after the date of 
the enactment of this Act, the Government Account-
ability Office shall complete a study for the Com-
mittee on the Judiciary of the House of Representa-
tives to survey a majority of the States to assess the 
relative systems capabilities to comply with a Fed-
eral law that required all State driver’s license sys-
tems to automatically access State and national 
databases of registered sex offenders in a form simi-
lar to the requirement of the Nevada law described 
in paragraph (2). The Government Accountability 
Office shall use the information drawn from this 
VerDate Aug 31 2005 
23:44 Mar 09, 2006
Jkt 049200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H4905.IH
H4905
hmoore on PROD1PC68 with HMBILLS