Sex Offender Registration and Notification Act - Requires: (1) all states, the District of Columbia, U.S. territories and possessions, and Indian tribes (jurisdictions) to maintain a sex offender registry; and (2) sex offenders to register and maintain a current registration in each jurisdiction where the offender resides, was convicted, and is an employee or student. Sets forth requirements for sex offender registries, including required information, duration of registration, and in person verification of sex offender identity.
Establishes: (1) the Jessica Lunsford Address Verification Program; (2) the Dru Sjodin National Sex Offender Public Website; and (3) the Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification Program.
Directs the Attorney General to: (1) maintain a database at the Federal Bureau of Investigation (FBI) to be known as the National Sex Offender Registry; (2) establish and implement a Sex Offender Management Assistance program; (3) carry out a demonstration project for using electronic monitoring devices; and (4) ensure that the National Center for Missing and Exploited Children and other child protection agencies have access to national crime information databases.
Amends the federal criminal code to: (1) require the Bureau of Prisons to establish non-residential sex offender management and treatment programs; (2) impose penalties on sex offenders for failure to register; (3) prohibit the use of a controlled substance to facilitate a sex offense; and (4) prohibit the use of the Internet to distribute a date rape drug.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize grants to assist states in enforcing sex offender registration requirements.
Establishes within the Department of Justice an Office on Sexual Violence and Crimes against Children.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4905 Introduced in House (IH)]
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sex Offender Registration 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 listed 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 sexually
assaulted and murdered in 2003, in North Dakota.
(6) Jessica Lunsford, who was 9 years, was abducted,
sexually assaulted, buried alive, and murdered 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 sexually assaulted
in 1996 by a juvenile offender in Waukesha, Wisconsin, and has
become an advocate for child victims and protection of children
from juvenile 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 abducted,
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.
TITLE I--JACOB WETTERLING SEX OFFENDER REGISTRATION AND NOTIFICATION
PROGRAM
SEC. 101. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA EXPANSION OF SEX
OFFENDER DEFINITION AND EXPANDED INCLUSION OF CHILD
PREDATORS.
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 jurisdiction.
(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 recognized
Indian tribe.
(3) Sex offender.--The term ``sex offender'' means an
individual who, either before or after the enactment of this
Act, was convicted of, or adjudicated 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 offense against a minor that involves any of the
following:
(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 conduct.
(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.
(I) Video voyeurism, as described in section 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
(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 offense, 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 Secretary
of Defense under section 115(a)(8)(C)(i) of Public Law
105-119 (10 U.S.C. 951 note).
(9) Student.--The term ``student'' means an individual who
enrolls or attends an educational institution, including
(whether public or private) a secondary school, trade or
professional school, and institution of higher education.
(10) Employee.--The term ``employee'' includes 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 individual's home or other
place where the individual lives.
(12) Minor.--The term ``minor'' means an individual 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.
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 imprisonment 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 Unable to Comply With
Subsection (b).--The Attorney General shall prescribe rules for the
registration of sex offenders 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).
(e) State Penalty for Failure to Comply.--Each jurisdiction, other
than a Federally recognized Indian 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 offender must provide the
following information to the appropriate official for inclusion in the
sex offender registry:
(1) The name and physical description of the sex offender
(including any alias used by the individual).
(2) The Social Security number of the sex offender.
(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.
(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
jurisdiction.
(11) Any other information required by the Attorney
General.
(b) Provided by the Jurisdiction.--The jurisdiction 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 giving 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 Attorney General.
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 offender;
(2) 30 years, if the offender is a tier II sex offender;
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 current
photograph, and verify the information in each registry 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 REGISTRATION REQUIREMENTS AND
TO REGISTER.
An appropriate official shall, shortly before release from custody
of the sex offender, or, if the sex offender is not in custody,
immediately after the sentencing of the sex offender, for the offense
giving rise to the duty to register--
(1) inform the sex offender of the duty to register and
explain that duty;
(2) require the sex offender to read and sign a form
stating that the duty to register has been explained 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 Jessica 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 offender 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 offender;
and
(3) monthly, if the offender is a tier III sex offender.
(c) Use of Mailed Form Authorized.--Such verification may be
achieved by mailing a nonforwardable verification form to the last
known address of the sex offender. 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 required
may be a failure to register for the purposes of this Act.
SEC. 109. NATIONAL SEX OFFENDER REGISTRY.
(a) Internet.--The Attorney General shall maintain a national
database at the Federal Bureau of Investigation 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 General shall ensure
(through the National Sex Offender Registry or otherwise) that updated
information about a sex offender is immediately transmitted by
electronic forwarding 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 Internet which allows the public
to obtain relevant information for each sex offender by a single query
in a form established by the Attorney General.
SEC. 111. PUBLIC ACCESS TO SEX OFFENDER INFORMATION 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, except 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 accessible
to the public.
(b) Exception.--To the extent authorized by the Attorney 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 established the Megan
Nicole Kanka and Alexandra Nicole Zapp Community Program (hereinafter
in this section referred to as the ``Program'').
(b) Program Notification.--Except as provided in subsection (c),
not later than 5 days after a sex offender registers or updates a
registration, an appropriate official in the jurisdiction shall provide
the information in the registry (other than information exempted from
disclosure by the Attorney General) about that offender to the
following:
(1) The Attorney General, who shall include that
information in the National Sex Offender Registry or other
appropriate data bases.
(2) Appropriate law enforcement agencies (including
probation agencies, if appropriate), and each school and public
housing agency, in each area in which the individual resides,
is employed, or is a student.
(3) Each jurisdiction where the sex offender resides,
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 employment-
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 protecting
minors in the child welfare system.
(6) Volunteer organizations in which contact with minors or
other vulnerable individuals might occur.
(7) The community at large.
(c) Exception.--In the case of a tier I sex offender whose offense
is a juvenile adjudication, the Attorney General 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 General and
appropriate State, local, and tribal law enforcement agencies of any
failure by a sex offender to comply with the requirements of a
registry. The appropriate official, the Attorney General, and each such
law enforcement agency shall take any appropriate action to ensure
compliance.
SEC. 114. IMMUNITY FOR GOOD FAITH CONDUCT.
The Federal Government, jurisdictions, political subdivisions of
jurisdictions, and their agencies, officers, employees, 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 software for use to
establish, maintain, publish, and share sex offender registries.
SEC. 116. FEDERAL DUTY WHEN STATE PROGRAMS NOT MINIMALLY SUFFICIENT.
If the Attorney General determines that a jurisdiction does not
have a minimally sufficient sex offender registration program, the
Department of Justice shall, to the extent practicable, carry out the
duties imposed on that jurisdiction by this Act.
SEC. 117. PERIOD FOR IMPLEMENTATION BY JURISDICTIONS.
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 to implement this Act or may be reallocated to a
jurisdiction 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 officials constitute, in
relation to States, only conditions required 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 establish and implement
a Sex Offender Management Assistance program (in this Act referred to
as the ``SOMA program'') 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 jurisdiction shall, on
an annual basis, submit to the Attorney General an application in such
form and containing such information as the Attorney General may
require.
(c) Bonus Payments for Prompt Compliance.--A jurisdiction that, as
determined by the Attorney General, 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 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 jurisdiction
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 addition to any amounts
otherwise authorized to be appropriated, there are authorized to be
appropriated such sums as may be necessary to the Attorney General, to
be available only for the SOMA program, for fiscal years 2006 through
2008.
SEC. 120. DEMONSTRATION PROJECT FOR USE OF ELECTRONIC MONITORING
DEVICES.
(a) Project Required.--The Attorney General shall carry out a
demonstration project under which the Attorney General makes grants to
jurisdictions to demonstrate the extent to which electronic monitoring
devices can be used effectively in a sex offender management program.
(b) Use of Funds.--The jurisdiction may use grant amounts under
this section directly, or through arrangements with public or private
entities, to carry out programs 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 participate in the
demonstration project, the Attorney General shall consider the
following factors:
(1) The total number of sex offenders in the jurisdiction.
(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 requirements.
(4) Any other factor the Attorney General considers
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 section, the Attorney
General shall ensure that different approaches to monitoring are funded
to allow an assessment of effectiveness.
(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 programs
funded by this section;
(2) comparing the cost-effectiveness of the electronic
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 eligible for a bonus payment described in
subsection (c), to be paid by the Attorney General from any amounts
available to the Attorney General for such purpose.
(b) Electronic Monitoring Laws and Policies.--
(1) In general.--Laws and policies referred to in
subsection (a) are laws and policies that ensure 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 actively 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 required by
paragraph (1) shall be required of the person--
(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 conviction
(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 addition, laws and policies
referred to in subsection (a) also include laws and policies
that ensure that the jurisdiction frequently monitors each
person residing in the jurisdiction for whom electronic
monitoring is required, whether such monitoring is required
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 provision 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 Exploited Children,
to be used only within the scope of the Center's duties and
responsibilities under Federal law to assist or support law
enforcement agencies in administration of criminal justice
functions; and
(2) governmental social service agencies with child
protection responsibilities, to be used by such agencies only
in investigating or responding to reports 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 paragraphs (2) and
(3), the National Center for Missing and Exploited Children,
including any of its directors, officers, employees, or agents,
is not liable in any civil or criminal action arising from the
performance of its CyberTipline responsibilities and functions
as defined by this section.
``(2) Intentional, reckless, or other misconduct.--
Paragraph (1) does not apply in an action in which a party
proves that the National Center for Missing and Exploited
Children, or its officer, 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
substantial risk of causing injury without legal justification,
or for a purpose unrelated to the performance of
responsibilities or functions under this section.
``(3) Ordinary business activities.--Paragraph (1) does not
apply to an act or omission related to an ordinary business
activity, such as an activity involving general administration
or operations, the use of motor vehicles, or personnel
management.''.
SEC. 124. TREATMENT AND MANAGEMENT OF SEX OFFENDERS IN THE BUREAU OF
PRISONS.
Section 3621 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(f) Sex Offender Management.--
``(1) In general.--The Bureau of Prisons shall make
available appropriate treatment to sex offenders who are in
need of and suitable for treatment, as follows:
``(A) Sex offender management programs.--The Bureau
of Prisons shall establish non-residential sex offender
management programs to provide appropriate treatment,
monitoring, and supervision of sex offenders and to
provide aftercare during pre-release custody.
``(B) Residential sex offender treatment
programs.--The Bureau of Prisons 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 management
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 Bureau 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 DRIVER'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 requirements for change of address upon relocation and
other related updates of personal information, the Congress requires
the following studies:
(1) Not later than 180 days after the date of the enactment
of this Act, the Government Accountability Office shall
complete a study for the Committee on the Judiciary of the
House of Representatives to survey a majority of the States to
assess the relative systems capabilities to comply with a
Federal law that required all State driver's license systems to
automatically access State and national databases of registered
sex offenders in a form similar to the requirement of the
Nevada law described in paragraph (2). The Government
Accountability Office shall use the information drawn from this
survey, along with other expert sources, to determine what the
potential costs to the States would be if such a Federal law
came into effect, and what level of Federal grants would be
required to prevent an unfunded mandate. In addition, the
Government Accountability Office shall seek the views of
Federal and State law enforcement agencies, including in
particular the Federal Bureau of Investigation, with regard to
the anticipated effects of such a national requirement,
including potential for undesired side effects in terms of
actual compliance with this Act and related laws.
(2) Not later than October 2006, the Government
Accountability Office shall complete a study to evaluate the
provisions of Chapter 507 of Statutes of Nevada 2005 to
determine--
(A) if those provisions are effective in increasing
the registration compliance rates of sex offenders;
(B) the aggregate direct and indirect costs for the
state of Nevada to bring those provisions into effect;
and
(C) whether those provisions should be modified to
improve compliance by registered sex offenders.
SEC. 126. ASSISTANCE IN IDENTIFICATION AND LOCATION OF SEX OFFENDERS
RELOCATED AS A RESULT OF A MAJOR DISASTER.
The Attorney General shall provide technical assistance to
jurisdictions to assist them in the identification and location of a
sex offender relocated as a result of a major disaster.
SEC. 127. ELECTION BY INDIAN TRIBES.
(a) Election.--
(1) In general.--A federally recognized Indian tribe may,
by resolution or other enactment of the tribal council or
comparable governmental body--
(A) elect to carry out this title as a jurisdiction
subject to its provisions; or
(B) elect to delegate its functions under this
title to another jurisdiction or jurisdictions within
which the territory of the tribe is located and to
provide access to its territory and such other
cooperation and assistance as may be needed to enable
such other jurisdiction or jurisdictions to carry out
and enforce the requirements of this title.
(2) Imputed election in certain cases.--A tribe shall be
treated as if it had made the election described in paragraph
(1)(B) if--
(A) it is a tribe subject to the law enforcement
jurisdiction of a State under section 1162 of title 18,
United States Code;
(B) the tribe does not make an election under
paragraph (1) within 1 year of the enactment of this
Act or rescinds an election under paragraph (1)(A); or
(C) the Attorney General determines that the tribe
has not implemented the requirements of this title and
is not likely to become capable of doing so within a
reasonable amount of time.
(b) Cooperation Between Tribal Authorities and Other
Jurisdictions.--
(1) Nonduplication.--A tribe subject to this title is not
required to duplicate functions under this title which are
fully carried out by another jurisdiction or jurisdictions
within which the territory of the tribe is located.
(2) Cooperative agreements.--A tribe may, through
cooperative agreements with such a jurisdiction or
jurisdictions--
(A) arrange for the tribe to carry out any function
of such a jurisdiction under this title with respect to
sex offenders subject to the tribe's jurisdiction; and
(B) arrange for such a jurisdiction to carry out
any function of the tribe under this title with respect
to sex offenders subject to the tribe's jurisdiction.
SEC. 128. REGISTRATION OF PRISONERS RELEASED FROM FOREIGN IMPRISONMENT.
The Attorney General, in consultation with the Secretary of State
and the Secretary of Homeland Security, shall establish and maintain a
system for informing the relevant jurisdictions about persons entering
the United States who are required to register under this Act.
SEC. 129. SEX OFFENDER RISK CLASSIFICATION STUDY.
(a) Study.--The Attorney General shall conduct a study of risk-
based sex offender classification systems, which shall include an
analysis of--
(1) various risk-based sex offender classification systems;
(2) the methods and assessment tools available to assess
the risks posed by sex offenders;
(3) the efficiency and effectiveness of risk-based sex
offender classification systems, in comparison to offense-based
sex offender classification systems, in--
(A) reducing threats to public safety posed by sex
offenders; and
(B) assisting law enforcement agencies and the
public in identifying the most dangerous sex offenders;
(4) the resources necessary to implement, and the legal
implications of implementing, risk-based sex offender
classification systems for sex offender registries; and
(5) any other information the Attorney General determines
necessary to evaluate risk-based sex offender classification
systems.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Attorney General shall report to the Congress the
results of the study under this section.
(c) Study Conducted by Task Force.--The Attorney General may
establish a task force to conduct the study and prepare the report
required under this section. Any task force established under this
section shall be composed of members, appointed by the Attorney
General, who--
(1) represent national, State, and local interests; and
(2) are especially qualified to serve on the task force by
virtue of their education, training, or experience,
particularly in the fields of sex offender management,
community education, risk assessment of sex offenders, and sex
offender victim issues.
SEC. 130. STUDY OF THE EFFECTIVENESS OF RESTRICTING THE ACTIVITIES OF
SEX OFFENDERS TO REDUCE THE OCCURRENCE OF REPEAT
OFFENSES.
(a) Study.--The Attorney General shall conduct a study to evaluate
the effectiveness of monitoring and restricting the activities of sex
offenders to reduce the occurrence of repeat offenses by such sex
offenders. The study shall evaluate--
(1) the effectiveness of methods of monitoring and
restricting the activities of sex offenders, including
restrictions--
(A) on the areas in which sex offenders can reside,
work, and attend school;
(B) limiting access by sex offenders to the
Internet or to specific Internet sites;
(C) preventing access by sex offenders to
pornography and other obscene materials; and
(D) imposed as part of supervised release or
probation conditions;
(2) the ability of law enforcement agencies and courts to
enforce such restrictions; and
(3) the efficacy of any other restrictions that may reduce
the occurrence of repeat offenses by sex offenders.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Attorney General shall report to the Committee on the
Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate the results of the study under this section.
TITLE II--CRIMINAL LAW ENFORCEMENT OF REGISTRATION REQUIREMENTS
SEC. 201. AMENDMENTS TO TITLE 18, UNITED STATES CODE, RELATING TO SEX
OFFENDER REGISTRATION.
(a) Criminal Penalties for Nonregistration.--Part I of title 18,
United States Code, is amended by inserting after chapter 109A the
following:
``CHAPTER 109B--SEX OFFENDER AND CRIMES AGAINST CHILDREN REGISTRY
``Sec.
``2250. Failure to register.
``Sec. 2250. Failure to register
``Whoever is required to register under the Sex Offender
Registration and Notification Act and--
``(1) is a sex offender as defined for the purposes of that
Act by reason of a conviction under Federal law; or
``(2) travels in interstate or foreign commerce, or enters
or leaves, or resides in, Indian country;
and knowingly fails to register as required shall be fined under this
title or imprisoned not more than 20 years, or both.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 109A the following new item:
``109B. Sex offender and crimes against children registry... 2250''.
(c) False Statement Offense.--Section 1001(a) of title 18, United
States Code, is amended by adding at the end the following: ``If the
matter relates to an offense under chapter 109A, 109B, 110, or 117, or
section 1591, then the term of imprisonment imposed under this section
shall be not more than 10 years.''.
(d) Probation.--Paragraph (8) of section 3563(a) of title 18,
United States Code, is amended to read as follows:
``(8) for a person required to register under the Sex
Offender Registration and Notification Act, that the person
comply with the requirements of that Act; and''.
(e) Supervised Release.--Section 3583 of title 18, United States
Code, is amended--
(1) in subsection (d), in the sentence beginning with ``The
court shall order, as an explicit condition of supervised
release for a person described in section 4042(c)(4)'', by
striking ``described in section 4042(c)(4)'' and all that
follows through the end of the sentence and inserting
``required to register under the Sex Offender Registration and
Notification Act that the person comply with the requirements
of that Act.''; and
(2) in subsection (k)--
(A) by striking ``2244(a)(1), 2244(a)(2)'' and
inserting ``2243, 2244, 2245, 2250'';
(B) by inserting ``not less than 5,'' after ``any
term of years''; and
(C) by adding at the end the following: ``If a
defendant required to register under the Sex Offender
Registration and Notification Act violates the
requirements of that Act or commits any criminal
offense for which imprisonment for a term longer than
one year can be imposed, the court shall revoke the
term of supervised release and require the defendant to
serve a term of imprisonment under subsection (e)(3)
without regard to the exception contained therein. Such
term shall be not less than 5 years, and if the offense
was an offense under chapter 109A, 109B, 110, or 117,
or section 1591, not less than 10 years.''.
(f) Duties of Bureau of Prisons.--Paragraph (3) of section 4042(c)
of title 18, United States Code, is amended to read as follows:
``(3) The Director of the Bureau of Prisons shall inform a person
who is released from prison and required to register under the Sex
Offender Registration and Notification Act of the requirements of that
Act as they apply to that person and the same information shall be
provided to a person sentenced to probation by the probation officer
responsible for supervision of that person.''.
(g) Conforming Amendments to Cross References.--Paragraphs (1) and
(2) of section 4042(c) of title 18, United States Code, are each
amended by striking ``(4)'' each place it appears and inserting
``(3)''.
(h) Conforming Repeal of Deadwood.--Paragraph (4) of section
4042(c) of title 18, United States Code, is repealed.
(i) Military Offenses.--
(1) Section 115(a)(8)(C)(i) of Public Law 105-119 (111
Stat. 2466) is amended by striking ``which encompass'' and all
that follows through ``and (B))'' and inserting ``which are sex
offenses as that term is defined in the Sex Offender
Registration and Notification Act''.
(2) Section 115(a)(8)(C)(iii) of Public Law 105-119 (111
Stat. 2466; 10 U.S.C. 951 note) is amended by striking ``the
amendments made under subparagraphs (A) and (B)'' and inserting
``the Sex Offender Registration and Notification Act''.
(j) Conforming Amendment Relating to Parole.--Section 4209(a) of
title 18, United States Code, is amended in the second sentence by
striking ``described'' and all that follows through the end of the
sentence and inserting ``required to register under the Sex Offender
Registration and Notification Act that the person comply with the
requirements of that Act.''.
SEC. 202. FEDERAL INVESTIGATION OF SEX OFFENDER VIOLATIONS OF
REGISTRATION REQUIREMENTS.
(a) In General.--The Attorney General shall assist jurisdictions in
locating and apprehending sex offenders who violate sex offender
registration requirements.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2006
through 2008 to implement this section.
SEC. 203. SEX OFFENDER APPREHENSION GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
is amended by adding at the end the following new part:
``PART JJ--SEX OFFENDER APPREHENSION GRANTS
``SEC. 3011. AUTHORITY TO MAKE SEX OFFENDER APPREHENSION GRANTS.
``(a) In General.--From amounts made available to carry out this
part, the Attorney General may make grants to States, units of local
government, Indian tribal governments, other public and private
entities, and multi-jurisdictional or regional consortia thereof for
activities specified in subsection (b).
``(b) Covered Activities.--An activity referred to in subsection
(a) is any program, project, or other activity to assist a State in
enforcing sex offender registration requirements.
``SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may be
necessary for fiscal years 2006 through 2008 to carry out this part.''.
SEC. 204. USE OF ANY CONTROLLED SUBSTANCE TO FACILITATE SEX OFFENSE,
AND PROHIBITION ON INTERNET SALES OF DATE RAPE DRUGS.
(a) Increased Punishment.--Chapter 109A of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2249. Use of any controlled substance to facilitate sex offense
``(a) Whoever, knowingly uses a controlled substance to
substantially impair the ability of a person to appraise or control
conduct, in order to commit a sex offense, other than an offense where
such use is an element of the offense, shall, in addition to the
punishment provided for the sex offense, be imprisoned for any term of
years not more than 10 years.
``(b) As used in this section, the term `sex offense' means an
offense under this chapter other than an offense under this section.
``Sec. 2250. Internet sales of date rape drugs
``(a) Whoever knowingly uses the Internet to distribute (as that
term is defined for the purposes of the Controlled Substances Act) a
date rape drug to any person shall be fined under this title or
imprisoned not more than 20 years, or both.
``(b) As used in this section, the term `date rape drug' means
gamma hydroxybutyric acid, ketamine, or flunitrazepam, or any analogue
of such a substance, including gamma butyrolactone or 1,4-
butanediol.''.
(b) Amendment to Table of Sections.--The table of sections at the
beginning of chapter 109A of title 18, United States Code, is amended
by adding at the end the following new item:
``2249. Use of any controlled substance to facilitate sex offense.
``2250. Internet sales of date rape drugs.''.
SEC. 205. REPEAL OF PREDECESSOR SEX OFFENDER PROGRAM.
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, and section
8 of the Pam Lychner Sexual Offender Tracking and Identification Act of
1996 (42 U.S.C. 14073), are repealed.
SEC. 206. ASSISTANCE FOR PROSECUTION OF CASES CLEARED THROUGH USE OF
DNA BACKLOG CLEARANCE FUNDS.
(a) In General.--The Attorney General may make grants to train and
employ personnel to help prosecute cases cleared through use of funds
provided for DNA backlog elimination.
(b) Authorization.--There are authorized to be appropriated such
sums as may be necessary for each of fiscal years 2006 through 2010 to
carry out this section.
SEC. 207. GRANTS TO COMBAT SEXUAL ABUSE OF CHILDREN.
(a) In General.--The Bureau of Justice Assistance shall make grants
to law enforcement agencies for purposes of this section. The Bureau
shall make such a grant--
(1) to each law enforcement agency that serves a
jurisdiction with 50,000 or more residents; and
(2) to each law enforcement agency that serves a
jurisdiction with fewer than 50,000 residents, upon a showing
of need.
(b) Use of Grant Amounts.--Grants under this section may be used by
the law enforcement agency to--
(1) hire additional law enforcement personnel, or train
existing staff to combat the sexual abuse of children through
community education and outreach, investigation of complaints,
enforcement of laws relating to sex offender registries, and
management of released sex offenders;
(2) investigate the use of the Internet to facilitate the
sexual abuse of children; and
(3) purchase computer hardware and software necessary to
investigate sexual abuse of children over the Internet, access
local, State, and Federal databases needed to apprehend sex
offenders, and facilitate the creation and enforcement of sex
offender registries.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2006
through 2008 to carry out this section.
SEC. 208. EXPANSION OF TRAINING AND TECHNOLOGY EFFORTS.
(a) Training.--The Attorney General, in consultation with the
Office of Juvenile Justice and Delinquency Prevention, shall--
(1) expand training efforts with Federal, State, and local
law enforcement officers and prosecutors to effectively respond
to the threat to children and the public posed by sex offenders
who use the Internet and technology to solicit or otherwise
exploit children;
(2) facilitate meetings, between corporations that sell
computer hardware and software or provide services to the
general public related to use of the Internet, to identify
problems associated with the use of technology for the purpose
of exploiting children;
(3) host national conferences to train Federal, State, and
local law enforcement officers, probation and parole officers,
and prosecutors regarding pro-active approaches to monitoring
sex offender activity on the Internet;
(4) develop and distribute, for personnel listed in
paragraph (3), information regarding multi-disciplinary
approaches to holding offenders accountable to the terms of
their probation, parole, and sex offender registration laws;
and
(5) partner with other agencies to improve the coordination
of joint investigations among agencies to effectively combat
on-line solicitation of children by sex offenders.
(b) Technology.--The Attorney General, in consultation with the
Office of Juvenile Justice and Delinquency Prevention, shall--
(1) deploy, to all Internet Crimes Against Children Task
Forces and their partner agencies, technology modeled after the
Canadian Child Exploitation Tracking System; and
(2) conduct training in the use of that technology.
(c) Report.--Not later than July 1, 2006, the Attorney General, in
consultation with the Office of Juvenile Justice and Delinquency
Prevention, shall submit to Congress a report on the activities carried
out under this section. The report shall include any recommendations
that the Attorney General, in consultation with the Office, considers
appropriate.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General, for fiscal year 2006--
(1) $1,000,000 to carry out subsection (a); and
(2) $2,000,000 to carry out subsection (b).
SEC. 209. REVOCATION OF PROBATION OR SUPERVISED RELEASE.
(a) Probation.--Section 3565(b) of title 18, United States Code, is
amended--
(1) in paragraph (3) by striking `or' at the end; and
(2) by inserting after paragraph (4) the following:
``(5) commits a felony crime of violence; or
``(6) commits a crime of violence against, or an offense
that consists of or is intended to facilitate unlawful sexual
contact (as defined in section 2246) with, a person who has not
attained the age of 18 years;''.
(b) Supervised Release.--Section 3583(g) of title 18, United States
Code, is amended--
(1) in paragraph (3) by striking `or' at the end; and
(2) by inserting after paragraph (4) the following:
``(5) commits a felony crime of violence; or
``(6) commits a crime of violence against, or an offense
that consists of or is intended to facilitate unlawful sexual
contact (as defined in section 2246) with, a person who has not
attained the age of 18 years;''.
TITLE III--OFFICE ON SEXUAL VIOLENCE AND CRIMES AGAINST CHILDREN
SEC. 301. ESTABLISHMENT.
There is established within the Department of Justice, under the
general authority of the Attorney General, an Office on Sexual Violence
and Crimes against Children (hereinafter in this title referred to as
the ``Office'').
SEC. 302. DIRECTOR.
The Office shall be headed by a Director who shall be appointed by
the President. The Director shall report to the Attorney General
through the Assistant Attorney General for the Office of Justice
Programs and shall have final authority for all grants, cooperative
agreements, and contracts awarded by the Office. The Director shall not
engage in any employment other than that of serving as the Director,
nor shall the Director hold any office in, or act in any capacity for,
any organization, agency, or institution with which the Office makes
any contract or other arrangement.
SEC. 303. DUTIES AND FUNCTIONS.
The Office is authorized to--
(1) administer the standards for sex offender registration
and notification programs set forth in this Act;
(2) administer grant programs relating to sex offender
registration and notification authorized by this Act and other
grant programs authorized by this Act as directed by the
Attorney General;
(3) cooperate with and provide technical assistance to
States, units of local government, tribal governments, and
other public and private entities involved in activities
related to sex offender registration or notification or to
other measures for the protection of children or other members
of the public from sexual abuse or exploitation; and
(4) perform such other functions as the Attorney General
may delegate.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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