Pam Lychner Sexual Offender Tracking and Identification Act of 1996
PL 104-236 (S.1675), enacted 10/03/1996

PUBLIC LAW 104-236—OCT. 3, 1996 
110 STAT. 3093 
Public Law 104-236 
104th Congress 
An Act 
To provide for the nationwide tracking of convicted sexual predators, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Pam Lychner Sexual Offender 
Tracking and Identification Act of 1996". 
SEC. 2. OFFENDER REGISTRATION. 
(a) ESTABLISHMENT OF FBI DATABASE.—Subtitle A of title XVII 
of the Violent Crime Control and Law Enforcement Act of 1994 
(42 U.S.C. 14071) is amended by adding at the end the following 
new section: 
'«EC. 170102. FBI DATABASE. 
"(a) DEFINITIONS.—For purposes of this section— 
"(1) the term 'FBI' means the Federal Bureau of Investiga-
tion; 
"(2) the terms 'criminal offense against a victim who is 
a minor', 'sexually violent offense', 'sexually violent predator', 
'mental abnormality', and 'predator/ have the same meanings 
as in section 170101(aX3); and 
"(3) the term 'minimally sufficient sexual offender registra-
tion program' means any State sexual offender regis^ation 
program that— 
"(A) requires the registration of each offender who 
is convicted of an offense described in subparagraph (A) 
or (B) of section ITOlGKaXD; 
"(B) requires that all information gathered under such 
program be transmitted to the FBI in accordance with 
subsection (g) of this section; 
"(C) meets the requirements for verification under sec-
tion 170101(bX3); and 
"(D) requires that each person who is required to reg-
ister under subparagraph (A) shall do so for a period of 
not less than 10 years beginning on the date that such 
person was released firom prison or placed on parole, super-
vised release, or probation. 
"(b) ESTABLISHMENT.—The Attorney General shall establish a 
national database at the Federal Bureau of Investigation to track 
the whereabouts and movement of— 
"(1) each person who has been convicted of a criminal 
offense against a victim who is a minor; 
Oct. 3, 1996 
[S. 1675] 
Pam Lychner 
Sexual Offender 
Tracking and 
Identification Act 
of 1996. 
42 use 13701 
note. 
42 use 14072. 
110 STAT. 3094 
PUBLIC LAW 104-236—OCT. 3, 1996 
"(2) each person who has been convicted of a sexually 
violent offense; and 
"(3) each person who is a sexually violent predator. 
"(c) REGISTRATION REQUIREMENT.—Each person described in 
subsection (b) who resides in a State that has not established 
a minimally sufficient sexual offender registration program shall 
register a current address, fingerprints of that person, £ind a current 
photograph of that person with the FBI for inclusion in the database 
established under subsection (b) for the time period specified under 
subsection (d). 
"(d) LENGTH OF REGISTRATION.—^A person described in sub-
section (b) who is required to register under subsection (c) shall, 
except during ensuing periods of incarceration, continue to comply 
with this section— 
"(1) until 10 years after the date on which the person 
was released fi*om prison or placed on parole, supervised 
release, or probation; or 
"(2) for the life of the person, if that person— 
"(A) has 2 or more convictions for an offense described 
in subsection (b); 
"(B) has been convicted of aggravated sexual abuse, 
as defined in section 2241 of title 18, United States Code, 
or in a comparable provision of State law; or 
"(C) has been determined to be a sexusQly violent 
predator. 
"(e) VERIFICATION.— 
Guidelines. 
"(1) PERSONS CONVICTED OF AN OFFENSE AGAINST A MINOR 
OR A SEXUALLY VIOLENT OFFENSE.—In the case of a person 
required to register under subsection (c), the FBI shall, during 
the period in which the person is required to register under 
subsection (d), verify the person's address in accordance with 
guidelines that shall be promulgated by the Attorney General. 
Such guidelines shall ensure that address verification is accom-
plished with respect to these individuals and shall require 
the submission of fingerprints and photographs of the individ-
ual. 
Applicability. 
"(2) SEXUALLY VIOLENT PREDATORS.—Paragraph (1) shall 
apply to a person described in subsection (b)(3), except that 
such person must verify the registration once every 90 days 
after the date of the initial release or commencement of psirole 
of that person. 
"(f) COMMUNITY NOTIFICATION.— 
"(1) IN GENERAL.—Subject to paragraph (2), the FBI may 
release relevant information concerning a person required to 
register under subsection (c) that is necessary to protect the 
public. 
"(2) IDENTITY OF VICTIM.—In no case shall the FBI release 
the identity of any victim of an offense that requires registration 
by the offender with the FBI. 
"(g) NOTIFICATION OF FBI OF CHANGES IN RESIDENCE.— 
"(1) ESTABLISHMENT OF NEW RESIDENCE.—For purposes of 
this section, a person shall be deemed to have established 
a new residence during any period in which that person resides 
for not less than 10 days. 
"(2) PERSONS REQUIRED TO REGISTER WITH THE FBI.—Each 
establishment of a new residence, including the initial establish-
ment of a residence immediately following release fi-om prison. 
PUBLIC LAW 104-236—OCT. 3, 1996 
110 STAT. 3095 
or placement on parole, supervised release, or probation, by 
a person required to register under subsection (c) shall be 
reported to the FBI not later than 10 days after that person 
establishes a new residence. 
"(3) INDIVIDUAL REGISTRATION REQUIREMENT.—A person 
required to register under subsection (c) or under a minimally 
sufficient offender registration program, including a program 
established under section 170101, who changes address to a 
State other than the State in which the person resided at 
the time of the immediately preceding registration shall, not 
later than 10 days after that person establishes a new resi-
dence, register a current address, fingerprints, and photograph 
of that person, for inclusion in the-appropriate database, with— 
"(A) the FBI; and 
"(B) the State in which the new residence is estab-
lished. 
"(4) STATE REGISTRATION REQUIREMENT.—Any time any Notification. 
State agency in a State with a minimally sufficient sexual 
offender registration program, including a program established 
under section 170101, is notified of a change of address by 
a person required to register under such program within or 
outside of such State, the State shall notify— 
"(A) the law enforcement officials of the jurisdiction 
to which, and the jurisdiction from which, the person has 
relocated; and 
"(B) the FBI. 
"(5) VERIFICATION.— 
"(A) NOTIFICATION OF LOCAL LAW ENFORCEMENT OFFI-
CIALS.—The FBI shall ensure that State and local law 
enforcement officials of the jurisdiction from which, and 
the State and local law enforcement officials of the jurisdic-
tion to wWch, a person required to register under sub-
section (c) relocates are notified of the new residence of 
such person. 
"(B) NOTIFICATION OF FBI.—^A State agency receiving 
notification under this subsection shall notify the FBI of 
the new residence of the offender. 
"(C) VERIFICATION.— 
"(i) STATE AGENCIES.—If a State agency cannot 
Notification, 
verify the address of or locate a person required to 
register with a minimally sufficient sexusd offender 
registration program, including a program established 
under section 170101, the State shall immediately 
notify the FBI. 
"(ii) FBI.—If the FBI cannot verify the address 
of or locate a person required to register under sub-
section (c) or if the FBI receives notification from a 
State under clause (i), the FBI shall— 
"(I) classify the person as being in violation 
of the registration requirements of the national 
database; and 
"(II) add the name of the person to the Records. 
National Crime Information Center Wanted person 
file and create a wanted persons record: Provided, 
That an arrest warrant which meets the require-
ments for entry into the file is issued in connection 
with the violation. 
110 STAT. 3096 
PUBLIC LAW 104-236—OCT. 3, 1996 
"(h) FINGERPRINTS.— 
"(1) FBI REGISTRATION.—For each person required to reg-
ister under subsection (c), fingerprints shall be obtained and 
verified by the FBI or a local law enforcement official pursuant 
to regulations issued by the Attorney General. 
"(2) STATE REGISTRATION SYSTEMS.—In a State that has 
a minimally sufficient sexual offender registration program, 
including a program established imder section 170101, finger-
prints required to be registered with the FBI imder this section 
shall be obtained and verified in accordance with State require-
ments. The State agency responsible for registration shall 
ensure that the fingerprints and aU other information required 
to be registered is registered with the FBI. 
"(i) PENALTY.—^A person required to register under paragraph 
(1), (2), or (3) of subsection (g) who knowingly fails to comply 
with this section shall— 
"(1) in the case of a first offense— 
"(A) if the person has been convicted of 1 offense 
described in subsection (b), be fined not more than 
$100,000; or 
"(B) if the person has been convicted of more than 
1 offense described in subsection (b), be imprisoned for 
up to 1 year and fined not more than $100,000; or 
"(2) in the case of a second or subsequent offense, be 
imprisoned for up to 10 years and fined not more than $100,000. 
"(j) RELEASE OF INFORMATION.—The information collected by 
the FBI imder this section shall be disclosed by the FBI— 
"(1) to Federal, State, and local criminal justice agencies 
for— 
"(A) law enforcement purposes; and 
"(B) community notification in accordance with section 
170101(d)(3); and 
"(2) to Federal, State, and local governmental agencies 
responsible for conducting emplo3rment-related background 
checks under section 3 of the National Child Protection Act 
of 1993 (42 U.S.C. 5119a). 
"(k) NOTIFICATION UPON RELEASE.—Any State not having estab-
lished a program described in section 170102(a)(3) must— 
"(1) upon release fi"om prison, or placement on parole, 
supervised release, or probation, notify each offender who is 
convicted of an offense described in subparagraph (A) or (B) 
of section 170101(aXl) of their duty to register with the FBI; 
and 
"(2) notify the FBI of the release of each offender who 
is convicted of an offense described in subparagraph (A) or 
(B) of section 170101(a)(1).''. 
SEC. 3. DURATION OF STATE REGISTRATION REQUIREMENT. 
Section 170101(bX6) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071(b)(6)) is amended to 
read as follows: 
"(6) LENGTH OF REGISTRATION.—^A person required to reg-
ister under subsection (a)(1) shall continue to comply with 
this section, except during ensuing periods of incarceration, 
until— 
PUBLIC LAW 104-236—OCT, 3, 1996 
110 STAT. 3097 
"(A) 10 years have elapsed since the person was 
released from prison or placed on parole, supervised 
release, or probation; or 
"(B) for the life of that person if that person— 
"(i) has 1 or more prior convictions for an offense 
described in subsection (a)(1)(A); or 
"(ii) has been convicted of an aggravated offense 
described in subsection (a)(1)(A); or 
"(iii) has been determined to be a sexually violent 
predator pursuant to subsection (a)(2).". 
SEC. 4. STATE BOARDS. 
Section 170101(a)(2) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071(a)(2)) is amended by 
inserting before the period at the end the following: ", victim rights 
advocates, and representatives from law enforcement agencies". 
SEC. 5. FINGERPRINTS. 
Section 170101 of the Violent Crime Control and Law Enforce-
ment Act of 1994 (42 U.S.C. 14071) is amended by adding at 
the end the following new subsection: 
"(g) FINGERPRINTS.—Each requirement to register under this 
section shall be deemed to also require the submission of a set 
of fingerprints of the person required to register, obtained in accord-
ance with regulations prescribed by the Attorney General under 
section 170102(h).". 
SEC. 6. VERIFICATION. 
Section 17010l(b)(3)(A)(iii) of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14071(b)(3)(A)(iii)) is 
amended by adding at the end the following: "The person shall 
include with the verification form, fingerprints and a photograph 
of that person.". 
SEC. 7. REGISTRATION INFORMATION. 
Section 170101(b)(2) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14071(b)(2)) is amended to 
read as follows: 
"(2) TRANSFER OF INFORMATION TO STATE AND THE FBI.— 
The officer, or in the case of a person placed on probation, 
the court, shall, within 3 days after receipt of information 
described in paragraph (1), forward it to a designated State 
law enforcement agency. The State law enforcement agency 
shall immediately enter the information into the appropriate 
State law enforcement record system and notify the appropriate 
law enforcement agency having jurisdiction where the person 
expects to reside. The State law enforcement agency shall also 
immediately transmit all information described in paragraph 
(1) to the Federal Bureau of Investigation for inclusion in 
the FBI database described in section 170102.". 
SEC. 8. IMMUNITY FOR GOOD FATTH CONDUCT. 
State and Federal law enforcement agencies, employees of State 
and Federal law enforcement agencies, and State and Federal offi-
cials shall be immune from liability for good faith conduct under 
section 170102. 
Records. 
Notification. 
42 use 14073. 
110 STAT. 3098 
PUBLIC LAW 104-236—OCT. 3, 1996 
42 use 14071 
note. 
42 use 14071 
note. 
42 use 14071 
note. 
SEC. 9. REGULATIONS. 
Not later than 1 year after the date of enactment of this 
Act, the Attorney Greneral shall issue regulations to carry out this 
Act and the amendments made by this Act. 
SEC. 10. EFFECTIVE DATE. 
(a) IN GENERAL.—^This Act and the amendments made by this 
Act shall become effective 1 year after the date of enactment of 
this Act. 
(b) COMPLIANCE BY STATES.—^Each State shall implement the 
amendments made by sections 3, 4, 5, 6, and 7 of this Act not 
later than 3 years after the date of enactment of this Act, except 
that the Attorney General may grant an additional 2 years to 
a State that is making good faith efforts to implement such amend-
ments. 
(c) INELIGIBIUTY FOR FUNDS.— 
(1) A State that fails to implement the program as described 
in sections 3, 4, 5, 6, and 7 of this Act shall not receive 
10 percent of the funds that would otherwise be allocated 
to the State under section 506 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3756). 
(2) Any funds that are not allocated for failure to comply 
with section 3, 4, 5, 6, or 7 of this Act shall be reallocated 
to States that comply with these sections. 
SEC. 11. SEVERABILrrY. 
If any provision of this Act, an amendment made by this 
Act, or the application of such provision or amendment to any 
person or circumstance is held to be unconstitutional, the remainder 
of this Act, the amendments made by this Act, and the application 
of the provisions of such to any person or circumstance shall not 
be affected thereby. 
Approved October 3, 1996. 
LEGISLATIVE HISTORY—S. 1675 (H.R. 3456): 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
July 25, considered and passed Senate. 
Sept. 25, H.R. 3456 considered in Hotise. 
Sept. 26, S. 1675 and H.R. 3456 considered and passed Hovise.