Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification Act or the Sex Offender Registration and Notification Act - Repeals existing provisions governing state registration programs for persons convicted of a criminal offense against a minor or of a sexually violent offense. Directs the Attorney General to carry out a Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification program under which a "covered individual" (an individual convicted of a listed offense against a minor) shall, for that individual's life, provide to the Attorney General specified information, including any change of address and employer. Lists exceptions. Sets penalties for violations.
Requires the Attorney General to prescribe regulations to ensure that every covered individual wears and maintains a device that transmits information about that person's whereabouts to the domicile state, subject to specified requirements. Sets penalties for violations. Lists the responsibilities of the Attorney General and State or tribal actors. Provides for specified community notification by law enforcement.
Directs the Attorney General to: (1) maintain a National Sex Offender Registry database to track the whereabouts and movements of covered individuals; (2) develop a software application that can be used by state and tribal actors; (3) establish and maintain a database to manage DNA information regarding covered individuals; and (4) carry out a Sex Offender Management Assistance program for awarding grants to states or tribal actors to offset costs associated with implementing this Act.
Amends the Immigration and Nationality Act to subject to deportation any alien who is a covered individual and who fails to provide registration information under this Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2423 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2423
To improve the national program to register and monitor individuals who
commit crimes against children or sex offenses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2005
Mr. Foley (for himself, Mr. Cramer, Mr. Blunt, Mr. Cantor, Mr. Davis of
Florida, Ms. Ginny Brown-Waite of Florida, Mr. Poe, Mr. Shimkus, Mr.
Gene Green of Texas, Mr. King of New York, Ms. Millender-McDonald, Mr.
Burton of Indiana, Mr. Bradley of New Hampshire, Mr. Royce, Mr. Miller
of Florida, Mr. Meeks of New York, Ms. Harris, Mr. Fossella, Mr.
Chandler, Mr. Ramstad, Mr. McCaul of Texas, Mr. Simmons, Mr. Bishop of
Georgia, Mr. Kingston, Mr. Wilson of South Carolina, Mr. Boswell, Mr.
Ford, Mr. Ross, Mr. McKeon, Mrs. Kelly, Mr. Rogers of Alabama, Mr.
Kennedy of Minnesota, Mr. Bonner, Mr. Cardoza, Ms. Granger, Mr.
Everett, Mr. Dent, Mr. Boustany, Mr. Pearce, Mr. Boyd, Mr. Case, Mr.
Davis of Alabama, Mr. Smith of New Jersey, Mr. Moore of Kansas, Mr.
McCotter, Mr. Tiahrt, Mr. Pomeroy, Mr. Bachus, and Mr. Cannon)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To improve the national program to register and monitor individuals who
commit crimes against children or sex offenses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as--
(1) the ``Jacob Wetterling, Megan Nicole Kanka, and Pam
Lychner Sex Offender Registration and Notification Act''; or
(2) the ``Sex Offender Registration and Notification Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--JACOB WETTERLING, MEGAN NICOLE KANKA, & PAM LYCHNER SEX
OFFENDER REGISTRATION AND NOTIFICATION PROGRAM
Sec. 101. Jacob Wetterling, Megan Nicole Kanka, & Pam Lychner Sex
Offender Registration and Notification
Program.
Sec. 102. Definitions.
Sec. 103. Duty of covered individuals to provide information.
Sec. 104. Duty of covered individuals on parole or supervised release
to comply with device requirements.
Sec. 105. Duties of Attorney General and State or tribal actors.
Sec. 106. State and tribal sex offender registries.
Sec. 107. National Sex Offender Registry.
Sec. 108. Development and availability of registry management software.
Sec. 109. DNA database for covered individuals.
Sec. 110. Duty of courts to determine whether an individual is a
sexually violent predator.
Sec. 111. Duty of Attorney General to determine whether State or tribal
actors are qualified.
Sec. 112. Use of other Federal information to track sex offenders.
Sec. 113. Implementation by State and tribal actors and assistance
grants to those actors.
Sec. 114. Immunity for good faith conduct.
Sec. 115. Regulations.
Sec. 116. Authorization of appropriations.
TITLE II--AMENDATORY PROVISIONS, TRANSITION PROVISIONS, AND EFFECTIVE
DATE
Sec. 201. Failure to provide information a deportable offense.
Sec. 202. Repeal.
Sec. 203. Conforming amendments to title 18, United States Code.
Sec. 204. Effective date.
TITLE I--JACOB WETTERLING, MEGAN NICOLE KANKA, & PAM LYCHNER SEX
OFFENDER REGISTRATION AND NOTIFICATION PROGRAM
SEC. 101. JACOB WETTERLING, MEGAN NICOLE KANKA, & PAM LYCHNER SEX
OFFENDER REGISTRATION AND NOTIFICATION PROGRAM.
(a) In General.--The Attorney General shall carry out this title
through a program to be known as the Jacob Wetterling, Megan Nicole
Kanka, & Pam Lychner Sex Offender Registration and Notification
Program.
(b) References to Former Program or Former Law.--Any reference
(other than a reference in this Act) in a law, regulation, document,
paper, or other record of the United States to the program carried out
under subtitle A of title XVII of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071 et seq.), or to any provision
of that subtitle, shall be deemed to be a reference to the program
referred to in subsection (a), or to the appropriate provision of this
title, as the case may be.
SEC. 102. DEFINITIONS.
In this Act:
(1) Covered individual.--The term ``covered individual''
means any of the following:
(A) An individual who has been convicted of a
covered offense against a minor.
(B) An individual who has been convicted of a
sexually violent offense.
(C) An individual described in section 4042(c)(4)
of title 18, United States Code.
(D) An individual sentenced by a court martial for
conduct 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).
(E) An individual who is a sexually violent
predator.
(2) Covered offense against a minor.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), the term ``covered offense
against a minor'' means an offense (whether under the
law of a State actor or tribal actor, Federal law,
military law, or the law of a foreign country) that is
comparable to or more severe than any of the following
offenses:
(i) Kidnapping of a minor, except by a
parent of the minor.
(ii) False imprisonment of a minor, except
by a parent of the minor.
(iii) Criminal sexual conduct toward a
minor.
(iv) Solicitation of a minor to engage in
sexual conduct.
(v) Use of a minor in a sexual performance.
(vi) Solicitation of a minor to practice
prostitution.
(vii) Any conduct that by its nature is a
sexual offense against a minor.
(viii) Possession, production, or
distribution of child pornography, as described
in section 2251, 2252, or 2252A of title 18,
United States Code.
(ix) Use of the Internet to facilitate or
commit a covered offense against a minor.
(x) An attempt to commit a covered offense
against a minor.
(B) Exception.--The term does not include an
offense if the conduct on which the offense is based is
criminal only because of the age of the victim and the
individual who committed the offense had not attained
the age of 18 years when the offense was committed.
(C) Inclusion.--The term includes a violation of
section 103 of this Act.
(3) Domicile.--The term ``domicile'' means, with respect to
an individual, any place that serves as the primary place at
which the individual lives.
(4) Domicile state.--The term ``domicile State'' means,
with respect to an individual, the State actor or tribal actor
within the jurisdiction of which is the individual's domicile.
(5) Educational institution.--The term ``educational
institution'' includes (whether public or private) any
secondary school, trade or professional institution, and
institution of higher education.
(6) Employment.--The term ``employment'' includes carrying
on a vocation and covers any labor or service rendered (whether
as a volunteer or for compensation or for government or
educational benefit) on a full-time or part-time basis.
(7) Jurisdiction.--The term ``jurisdiction'', with respect
to a tribal actor, means the Indian country (as defined in
section 1151 of title 18, United States Code) of that tribal
actor.
(8) School state.--The term ``school State'' means, with
respect to an individual, the State actor or tribal actor
within the jurisdiction of which the educational institution at
which the individual is a student is located.
(9) Sexually violent offense.--The term ``sexually violent
offense'' means an offense (whether under the law of a State
actor or tribal actor, Federal law, military law, or the law of
a foreign country) that is comparable to or more severe than
any of the following offenses:
(A) Aggravated sexual abuse or sexual abuse (as
described in sections 2241 and 2242 of title 18, United
States Code).
(B) An offense an element of which is engaging in
physical contact with another person with intent to
commit aggravated sexual abuse or sexual abuse.
(10) Sexually violent predator.--The term ``sexually
violent predator'' means an individual who--
(A) has a conviction for a sexually violent
offense; or
(B) suffers from a mental abnormality (as defined
in section 110 of this Act) or personality disorder
that makes the person likely to engage in a predatory
(as defined in section 110 of this Act) sexually
violent offense.
(11) State actor.--The term ``State actor'' means any of
the following:
(A) A State.
(B) The District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, or any other territory or possession of
the United States.
(12) Student.--The term ``student'' means an individual
who, whether on a full-time or part-time basis, enrolls in or
attends an educational institution.
(13) Tribal actor.--The term ``tribal actor'' means a
federally recognized Indian tribe.
(14) Work state.--The term ``work State'' means, with
respect to an individual, the State actor or tribal actor
within the jurisdiction of which the individual's place of
employment is located.
SEC. 103. DUTY OF COVERED INDIVIDUALS TO PROVIDE INFORMATION.
(a) Information Required Periodically.--A covered individual shall,
for the life of that individual (except as provided in this section),
provide information as follows:
(1) Registration information.--Immediately after being
sentenced for an offense that qualifies the individual as a
covered individual (or, if the individual is imprisoned for
that offense, immediately before completing the term of
imprisonment), and thereafter at least once every 6 months (or,
in the case of a sexually violent predator, at least once every
3 months), the individual shall appear before a person
designated by the individual's domicile State and provide--
(A) the individual's name;
(B) the individual's Social Security number;
(C) the address of the individual's domicile;
(D) the license plate number of, and other
identifying information with respect to, each vehicle
owned or operated by the individual;
(E) any address at which the individual expects to
have a domicile in the future;
(F) the name and address of any person who employs
the individual and the address at which the individual
is so employed; and
(G) the name and address of any educational
institution at which the individual is employed or is a
student.
(2) Photograph.--Immediately after being sentenced for an
offense that qualifies the individual as a covered individual
(or, if the individual is imprisoned for that offense,
immediately before completing the term of imprisonment), and
thereafter at least once every 12 months, the individual shall
appear before a person designated by the individual's domicile
State and submit to the taking of a photograph.
(3) Fingerprints.--Immediately after being sentenced for an
offense that qualifies the individual as a covered individual
(or, if the individual is imprisoned for that offense,
immediately before completing the term of imprisonment), and
thereafter at least once every 12 months, the individual shall
appear before a person designated by the individual's domicile
State and submit to the taking of fingerprints.
(4) Other regulatory requirements.--The Attorney General
may, by regulation, require the individual to provide any
information that the Attorney General considers appropriate on
any basis, and at any time and in any manner, that the Attorney
General considers appropriate.
(5) Individual in custody in state other than domicile
state.--Whenever an individual is required by any paragraph of
this subsection to provide information immediately after being
sentenced (or immediately before completing a term of
imprisonment) and the State actor or tribal actor that has
sentenced (or imprisoned) the individual is not the
individual's domicile State--
(A) the individual shall provide that information
(in the same time, place, and manner as prescribed by
that paragraph) to an appropriate official of the State
actor or tribal actor that has sentenced (or
imprisoned) the individual; and
(B) the State actor or tribal actor that has
sentenced (or imprisoned) the individual shall promptly
make available that information to the individual's
domicile State.
(b) Information Required Upon Change of Registry Information.--A
covered individual shall, for the life of that individual (except as
provided in this section), provide information as follows:
(1) Change of address.--Not more than 3 days after
establishing a new domicile, the individual shall--
(A) appear before a person designated by the
individual's domicile State and provide the address of
the new domicile, and the address of the previous
domicile; and
(B) if the new domicile and the previous domicile
are not both within the jurisdiction of a single State
actor or tribal actor qualified under this Act, appear
before a person designated by the individual's new
domicile State and--
(i) provide the address of the new domicile
and the address of the previous domicile; and
(ii) submit to the taking of a photograph
and the taking of fingerprints.
(2) Change of employment.--Not more than 3 days after
beginning, or ceasing, to be employed by an employer, the
individual shall appear before, and provide notice of the
beginning or ceasing, and the name and address of the employer,
to--
(A) a person designated by the individual's
domicile State; and
(B) if the individual's work State is different
from the domicile State, a person designated by the
individual's work State.
(3) Change of student status.--Not more than 3 days after
beginning, or ceasing, to be a student at an educational
institution, the individual shall appear before, and provide
notice of the beginning or ceasing, and the name and address of
the educational institution, to--
(A) a person designated by the individual's
domicile State; and
(B) if the individual's school State is different
from the domicile State, a person designated by the
individual's school State.
(c) Duty to Provide Information to Attorney General.--
(1) If state actor or tribal actor not qualified.--Whenever
an individual is required by subsection (a) or (b) to provide
information to a State actor or tribal actor, and the actor is
not qualified for purposes of this Act, the individual shall
also provide that information (in the same time, place, and
manner as prescribed in subsection (a) or (b), as the case may
be) to the Attorney General, and a failure to do so shall be
treated for purposes of this Act as a violation of subsection
(a) or (b), as the case may be.
(2) If providing information to more than one state.--
Whenever an individual is required by subsection (a) or (b) to
provide information to more than one State actor or tribal
actor, the individual shall also provide that information (in
the same time, place, and manner as prescribed in subsection
(a) or (b), as the case may be) to the Attorney General, and a
failure to do so shall be treated for purposes of this Act as a
violation of subsection (a) or (b), as the case may be.
(d) Punishment.--
(1) In general.--A covered individual who violates
subsection (a) or (b) shall--
(A) on the first conviction, be fined under title
18, United States Code, and imprisoned not more than 5
years (or, in the case of a sexually violent predator,
not more than 10 years), and shall thereafter be
subject to supervised release for not less than 36
months; and
(B) on any conviction after the first, be fined
under title 18, United States Code, and imprisoned not
more than 20 years (or, in the case of a sexually
violent predator, for life), and shall thereafter be
subject to supervised release for life.
(2) Strict culpability.--In a prosecution for a violation
of subsection (a) or (b), the state of mind of the individual
committing the violation is not an element of the offense and
it need not be proven that the individual had any particular
state of mind with respect to any element of the offense.
(3) Affirmative defense.--In a prosecution for a violation
of subsection (a) or (b), it is an affirmative defense that
uncontrollable circumstances prevented the individual from
complying, and that the individual did not contribute to the
creation of such circumstances in reckless disregard of the
requirement to comply, and that the individual complied as soon
as such circumstances ceased to exist.
(4) Violations are continuing.--A violation of subsection
(a) or (b) is a continuing violation for purposes of the
statute of limitations.
(e) Exception for Certain Individuals.--Subsections (a) and (b)
apply to any covered individual, unless each of the following is true
with respect to the covered individual:
(1) The individual is not a sexually violent predator.
(2) The individual has only one conviction for an offense
that qualifies the individual as a covered individual.
(3) A period of at least 20 years, excluding ensuing
periods of imprisonment, has expired since the date on which
the individual was sentenced for, or completed the term of
imprisonment for, the conviction described in paragraph (2).
(4) the conviction referred to in paragraph (2) was not for
aggravated sexual abuse (as defined in section 2241 of title
18, United States Code) or a comparable, or more severe,
offense.
SEC. 104. DUTY OF COVERED INDIVIDUALS ON PAROLE OR SUPERVISED RELEASE
TO COMPLY WITH DEVICE REQUIREMENTS.
(a) In General.--A covered individual shall comply with any
requirements that the Attorney General prescribes under subsection
(b)--
(1) for the period of supervised release or parole, if the
individual has only one conviction for an offense that
qualifies the individual as a covered individual; and
(2) for the life of the individual, in all other cases.
(b) Regulations Required.--
(1) In general.--The Attorney General, in consultation with
State actors and tribal actors, shall prescribe regulations to
ensure that every covered individual referred to in subsection
(a) wears and maintains a device that transmits information
about the individual's whereabouts to the domicile State.
(2) Penalties for failure to comply.-- The regulations
shall include penalties for the failure of the covered
individual to wear or maintain the device.
(3) Devices and procedures.--The regulations shall describe
the devices to be used and, for each such device, the
procedures to be followed by the individual and the domicile
State. The type of device to be used may vary from domicile
State to domicile State, from offense to offense, or both.
SEC. 105. DUTIES OF ATTORNEY GENERAL AND STATE OR TRIBAL ACTORS.
(a) When an Individual Provides Information.--Whenever an
individual is required by this Act to provide information (including
information such as photographs and fingerprints) to the Attorney
General, to a State actor or tribal actor, or to both, the Attorney
General (or the actor, or both, as the case may be) shall--
(1) ensure that the individual complies with the
requirement;
(2) ensure that the information provided is accurate and
complete;
(3) ensure that the information provided is included in the
National Sex Offender Registry; and
(4) ensure that the information is promptly--
(A) made available to any law enforcement agency
responsible for the area in which the individual's
domicile is located and to the State law enforcement
agency of the domicile State;
(B) entered into the appropriate records or data
system of the actor; and
(C) made available by the actor, together with
information relating to criminal history, to the
Attorney General.
(b) When a Covered Individual Is Missing.--
(1) State or tribal actor.--Whenever information is made
known to a State actor or tribal actor that an individual has
violated section 103(a)(1) or section 103(b), the actor shall
promptly notify the Attorney General of that information.
(2) Attorney general.--Whenever information is made known
to the Attorney General that an individual has violated section
103(a)(1) or section 103(b), or is notified of information
under paragraph (1), the Attorney General shall--
(A) revise the National Sex Offender Registry to
reflect that information; and
(B) add the name of the individual to the wanted
person file of the National Crime Information 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 Address.--
(1) In general.--The Attorney General and each State actor
or tribal actor shall ensure that, whenever information is made
known to the Attorney 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 information about the new domicile
and all other information collected under this Act about the
individual is promptly made available to--
(A) the local law enforcement agencies responsible
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 Offender Registry or otherwise) that, whenever
information 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 collected under this Act about the individual
is automatically 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 Attorney General and each State actor or tribal
actor shall ensure that, immediately after a covered individual is
sentenced for an offense that qualifies the individual as a covered
individual (or, if the individual is imprisoned for that offense,
immediately before completing the term of imprisonment), a responsible
official--
(1) notifies the Attorney General that the individual has
completed the term of imprisonment; and
(2) notifies the individual of the individual's duties
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 jurisdiction, a single comprehensive
registry of information collected 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 maintained by the
actor, all information, except for Social Security
numbers and information relating to a covered
individual for an offense committed when the covered
individual had not attained the age of 18 years,
collected under this Act. The site shall have multiple
field search capability and shall include, for each
covered individual, the name, aliases, home address,
work address, photograph, conviction for which
registration 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 information 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 provided notice and an opportunity to
present evidence, 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 individual 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 Registered.--Every three
months, the Attorney General shall collect from each State actor and
tribal actor information 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 maintain 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 General shall not,
under paragraph (1), release the identity 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 information 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 subsection
(b); and
(2) to Federal, State, and local governmental agencies
responsible for conducting employment-related background checks
under section 3 of the National 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 (including 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 available 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 software.
(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 Federal, 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 Attorney 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 PREDATOR.
(a) In General.--A determination of whether an individual is a
sexually violent predator for purposes of this Act shall be made by a
court after considering the recommendation of a board composed of
experts in the behavior and treatment of sex offenders, victims' rights
advocates, 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 alternative procedures or legal standards for designating a
person as a sexually violent predator.
(c) Definitions.--In this section:
(1) Mental abnormality.--The term ``mental 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 person a
menace to the health and safety of other persons.
(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 victimization.
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 determine that a State
actor or tribal actor is qualified if, as determined by the Attorney
General, each of the following apply:
(1) The actor has in effect, throughout its jurisdiction,
laws that implement the requirements of section 103, or
substantially similar requirements, with respect to each
covered individual whose domicile 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 activities
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 Attorney 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 information that pertains 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.
(b) Social Security Information.--The Secretary of Health and Human
Services, in coordination with the Attorney General, shall develop and
maintain a system under which Social Security information that pertains
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 ACTORS AND ASSISTANCE
GRANTS TO THOSE ACTORS.
(a) Implementation by State and Tribal Actors.--
(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 implement this Act.
(2) Implementation by tribes and in indian country.--The
Attorney General shall coordinate with the Secretary of the
Interior to assist tribal 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 Memorial 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 financial assistance, except for the
SOMA program 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 Program.--
(1) In general.--From amounts made available to carry out
this subsection, the Attorney General 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 directly associated with
implementing this Act.
(2) Distribution of funds.--Each grant awarded under the
SOMA program shall be distributed 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 subparagraph (B), each
grant awarded under the SOMA program shall be used for
training, salaries, equipment, materials, and other
costs directly associated with implementing this Act,
including the costs of acquiring and using devices in
carrying out section 104.
(B) Databases of individuals in custody.--Up to 10
percent of a grant awarded under the SOMA program may
be used to participate in one or more databases that
identify individuals in custody, such as the
JusticeXchange database.
(4) Eligibility.--
(A) Application.--To be eligible to receive a grant
under the SOMA program, the chief executive of a State
actor or tribal actor shall, on an annual basis, submit
to the Attorney 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 implement)
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 regulations to implement the
procedures used (including the information that must be
included and the requirements that the State actors or
tribal actors must meet) in submitting an application
under the SOMA program.
(5) Allocation of funds.--In allocating funds under the
SOMA program, the Attorney General may consider the number of
covered individuals registered in each actor's registry.
(6) Incorporation of certain training programs.--Before
implementing the SOMA program, the Attorney General shall study
the feasibility of incorporating into the SOMA program the
activities of any technical assistance or training program
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 incorporating 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 compliance.--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 paragraph only
once during the course of the SOMA program.
(2) Reduced payments for late compliance.--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 payment reduction under the SOMA program for the following
fiscal year. The amount of the payment reduction 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
within 4 years after such date of enactment, the amount of the
payment reduction shall be equal to 10 percent of the funds
that would otherwise be allocated to the actor under the SOMA
program for that fiscal year. An actor may be subject to a
payment reduction under this paragraph only twice during the
course of the SOMA program.
(e) Reports to Congress.--Each year, the Attorney 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 enforcement 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 necessary to carry out this Act.
TITLE II--AMENDATORY PROVISIONS, TRANSITION PROVISIONS, AND EFFECTIVE
DATE
SEC. 201. FAILURE TO PROVIDE INFORMATION A DEPORTABLE OFFENSE.
Section 237(a)(2)(A) of the Immigration and Nationality 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 registration
information as a sex offender.--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 Enforcement 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 employed, carries on a vocation, or is a student
(as such terms are defined under section 170101(a)(3) of the Violent
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR H3898)
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Subcommittee Hearings Held.
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