99-3613. Regulations Under the Pam Lychner Sexual Offender Tracking and Identification Act of 1996, as Amended  

  • [Federal Register Volume 64, Number 30 (Tuesday, February 16, 1999)]
    [Proposed Rules]
    [Pages 7562-7564]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-3613]
    
    
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    DEPARTMENT OF JUSTICE
    
    Office of the Attorney General
    
    28 CFR Part 25
    
    [A.G. Order No. 2206-99]
    RIN 1105-AA56
    
    
    Regulations Under the Pam Lychner Sexual Offender Tracking and 
    Identification Act of 1996, as Amended
    
    AGENCY: Office of the Attorney General, Department of Justice.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The United States Department of Justice is publishing proposed 
    regulations to implement the Pam Lychner Sexual Offender Tracking and 
    Identification Act of 1996, as amended. The proposed regulations 
    describe the operation of the National Sex Offender Registry and set 
    forth notification requirements to be followed by registered sex 
    offenders who move to another state.
    
    DATES: Submit comments on or before April 19, 1999.
    
    ADDRESSES: Send comments to the Unit Chief, Office of Crimes Against 
    Children, Federal Bureau of Investigation, 935 Pennsylvania Avenue, 
    N.W., Room 4127, Washington, DC 20535.
    
    FOR FURTHER INFORMATION CONTACT: Venetia Sims, Criminal Justice 
    Information Systems Division, Federal Bureau of Investigation, 1000 
    Custer Hollow Road, Clarksburg, West Virginia, 26306.
    
    SUPPLEMENTARY INFORMATION: The proposed regulations address two topics: 
    (1) The operation of the National Sex Offender Registry (``NSOR'') 
    established by the Federal Bureau of Investigation (``FBI'') in 
    accordance with Pam Lychner Sexual Offender Tracking and Identification 
    Act of 1996, Pub. L. 104-236, 110 Stat. 3093, as amended (the ``Pam 
    Lychner Act'' or the ``Act''); and (2) the action required of 
    registered sex offenders who move to another state. With respect to the 
    NSOR, the regulations describe how the interim and permanent registries 
    will operate and what action can be taken by states to notify the FBI 
    and update the NSOR if a convicted sex offender fails to comply with 
    his or her state registration obligations. With respect to offenders 
    who move interstate, the regulations notify such offenders that they 
    should contact the local FBI office in their new state of residence so 
    that the FBI can take the steps necessary to ensure that the new state 
    of residence has also been
    
    [[Page 7563]]
    
    informed of the move and that the offender is included in the NSOR.
        In a recent amendment, the Pam Lychner Act was modified so that 
    states have additional time to establish ``minimally sufficient'' sex 
    offender registration programs. As a result, the proposed regulations 
    do not address FBI registration of sex offenders in states that do not 
    have minimally sufficient programs.
        The proposed regulations also do not address the Pam Lychner Act's 
    amendments to prior legislation, the Jacob Wetterling Crimes Against 
    Children and Sexually Violent Offender Registration Act, Pub. L. 103-
    322, Sec. 170101, 108 Stat. 1796, 2038 (codified at 42 U.S.C. 14071) 
    (the ``Jacob Wetterling Act''), which sets standards for state sex 
    offender registration programs. On January 5, 1999, the Department 
    published guidelines for the Jacob Wetterling Act (see 64 FR 572), that 
    take those amendments into account.
    
    Statutory Authority
    
        The proposed regulations fulfill a statutory directive to the 
    Attorney General in section 9 of the Pam Lychner Act to issue 
    regulations to carry out the Act and the amendments made by the Act. 
    The Pam Lychner Act amended subtitle A of title XVII of the Violent 
    Crime Control and Law Enforcement Act of 1994 to add a new section, 
    codified at 42 U.S.C. 14072. Since its enactment, the Pam Lychner Act 
    has itself been amended, by section 115 of the General Provisions of 
    Title I of the Departments of Commerce, Justice, and State, the 
    Judiciary, and Related Agencies Appropriations Act, 1998, Pub. L. 105-
    119, 111 Stat. 2440 (the ``CJSA''). These proposed regulations relate 
    to the amended provisions of the Pam Lychner Act that are now in 
    effect.
    
    Executive Order 12866
    
        The proposed regulations have been drafted and reviewed in 
    accordance with Executive Order 12866. The Department of Justice has 
    determined that the proposed regulations do not constitute a 
    ``significant regulatory action'' under section 3(f) of Executive Order 
    12866, Regulatory Planning and Review, and accordingly the proposed 
    regulations have not been reviewed by the Office of Management and 
    Budget.
    
    Executive Order 12612
    
        The proposed regulations will not have substantial direct effect on 
    states, on the relationship between the national government and the 
    states, or on distribution of power and responsibilities among the 
    various levels of government. Therefore, in accordance with Executive 
    Order 12612, it is determined that these rules do not have sufficient 
    federalism implications to warrant the preparation of a Federalism 
    Assessment.
    
    Regulatory Flexibility Act
    
        The Attorney General, in accordance with the Regulatory Flexibility 
    Act, 5 U.S.C. 605(b), has reviewed these proposed regulations and by 
    approving them certifies that the regulations will not have a 
    significant economic impact on a substantial number of small entities 
    for the following reasons. The proposed regulations primarily address 
    the operation of the NSOR established by the FBI. Recent amendments to 
    the Jacob Wetterling Act in section 115 of the CJSA condition the 
    receipt of certain federal funds on a state's participation in the 
    NSOR. In order to impose the least financial burden on participating 
    states, the FBI allows them to provide data for the NSOR in three ways: 
    (1) By making a computer entry on the existing Interstate 
    Identification Index (``III''); (2) by submitting a computer tape to 
    the FBI; or (3) by submitting a written form containing all the 
    necessary registration information. In addition, in order to facilitate 
    broad participation in the NSOR, the FBI permits--but does not 
    require--authorized local government agencies to enter, delete, and 
    modify information in the registry using the III, as long as the state 
    has implemented the necessary programming changes. This option allows 
    those small government entities that provide data to the NSOR to do so 
    in the most cost-effective manner possible.
    
    Unfunded Mandates Reform Act of 1995
    
        As noted, recent amendments in the CJSA to the Jacob Wetterling Act 
    make state participation in the NSOR a condition of receipt of certain 
    federal funds. As a result, these regulations do not impose a ``federal 
    mandate'' within the meaning of the Unfunded Mandates Reform Act of 
    1995. Moreover, these regulations will not result in the expenditure by 
    state, local, and tribal governments, in the aggregate, or by the 
    private sector, of $100,000,000 or more in any one year, and will not 
    significantly or uniquely affect small governments. Therefore, no 
    actions were deemed necessary under the provisions of the Unfunded 
    Mandate Reform Act.
    
    Small Business Regulatory Enforcement Fairness Act of 1996
    
        These regulations do not qualify as a major role as defined by the 
    Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
    804. The regulations will not result in an annual effect on the economy 
    of $100,000,000 or more; a major increase in costs or prices; or 
    significant adverse effects on competition, employment, investment, 
    productivity, innovation, or on the ability of United States-based 
    companies to compete with foreign-based companies in domestic and 
    export markets.
    
    Amendments to the Pam Lychner Act
    
        Under the Pam Lychner Act, the FBI is required to register sex 
    offenders who reside in states that have not established ``minimally 
    sufficient'' sex offender registration systems. The CJSA amended the 
    criteria that state registration programs must satisfy in order to 
    qualify as minimally sufficient and extended the time period for states 
    to establish such programs. As assessment of minimal sufficiency to 
    determine in which states the FBI must directly register sex offenders 
    will be made by the extended date for establishing a minimally 
    sufficient program provided under the CJSA, October 3, 1999.
    
    Amendments to the Jacob Wetterling Act
    
        The Pam Lychner's Act amendments to the Jacob Wetterling Act, which 
    set standards for state sex offender registration programs, are not 
    addressed in these regulations. The Department of Justice has published 
    guidelines under the Jacob Wetterling Act, see 64 FR 572, that take 
    account of the Pam Lychner Act's changes and subsequent amendments.
    
    List of Subjects in Part 25
    
        Crime, Law enforcement.
    
    Proposed Regulations
    
        For the reasons stated in the preamble, the Department of Justice 
    proposes to amend 28 CFR by adding part 25, subpart B, to read as 
    follows:
    
    PART 25--DEPARTMENT OF JUSTICE INFORMATION SYSTEMS
    
    Subpart B--The National Sex Offender Registry
    
    Sec.
    25.200  The interim sex offender registry.
    25.201  The permanent sex offender registry.
    25.202  Release of information from the National Sex Offender 
    Registry.
    25.203  Non-compliant offenders.
    25.204  Notice of an offender's move to another state.
    
    [[Page 7564]]
    
    Subpart B--The National Sex Offender Registry
    
        Authority: 42 U.S.C. 14072; Pub. L. 104-236, 110 State. 3093; 
    Pub. L. 105-119, sec. 115, 111 Stat. 2440, 2461.
    
    
    Sec. 25.200  The interim sex offender registry.
    
        (a) The Pam Lychner Act, 42 U.S.C. 14072(b), requires the Attorney 
    General to establish a national database at the FBI to track the 
    whereabouts and movement of:
        (1) Each person who has been convicted of a criminal offense 
    against a victim who is a minor, as defined in 42 U.S.C. 
    14071(a)(3)(A);
        (2) Each person who has been convicted of a sexually violent 
    offense, as defined in 42 U.S.C. 14071(a)(3)(B); and
        (3) Each person who is a sexually violent predator, as defined in 
    42 U.S.C. 14071(a)(3)(C).
        (b) In accordance with section 2 of the Pam Lychner Act, the 
    Federal Bureau of Investigation (``FBI'') has established an interim 
    National Sex Offender Registry (the ``Interim Registry'') in the 
    Fingerprint Identification Records System (``FIRS'').
        (c) The Interim Registry functions as a ``pointer'' system, 
    indicating on an individual's FBI Identification Record the fact that 
    the individual is a registered sex offender and the name and location 
    of the state agency that maintains the offender's registration 
    information.
        (d) States may participate in the Interim Registry by submitting 
    the following information to the FBI pertaining to individuals who are 
    registered in state sex offender registries: the name under which the 
    person is registered; the registering agency's name and location; the 
    date of registration; and the date registration expires. A notice 
    indicating that an individual is a registered sex offender and listing 
    the information described in this paragraph will be included on the 
    individual's FBI Identification Record. In order to obtain more 
    detailed information regarding a particular offender, an inquiring 
    agency must contact the registering agency indicated on the FBI 
    Identification Record.
    
    
    Sec. 25.201  The permanent sex offender registry.
    
        (a) The FBI is in the process of modifying and improving its 
    National Crime Information Center (``NCIC'') to establish a new crime 
    information system that will be known as ``NCIC 2000.'' NCIC 2000, 
    which is expected to go online in mid-1999, will include a Convicted 
    Sexual Offender Registry File that will serve as the permanent National 
    Sex Offender Registry (the ``Permanent Registry'').
        (b) In the Permanent Registry, sex offender registration 
    information will be entered directly, via the NCIC Convicted Sexual 
    Offender Registry File by federal, state, and local law enforcement 
    agencies, and will include such information as the offender's name, 
    address, and details regarding the conviction resulting in 
    registration. This detailed information will be available to authorized 
    agencies via the NCIC. The sex offender registration information will 
    also be automatically posted to the individual's FBI Identification 
    Record.
    
    
    Sec. 25.202  Release of information from the National Sex Offender 
    Registry.
    
        (a) The Pam Lychner Act, 42 U.S.C. 14072(j), requires the FBI to 
    release the information contained in the National Sex Offender Registry 
    to:
        (1) Federal, state, and local criminal justice agencies for law 
    enforcement purposes and community notification; and
        (2) Federal, state, and local governmental agencies responsible for 
    conducting employment-related background checks under the National 
    Child Protection Act, 42 U.S.C. 5119a.
        (b) Both the Interim and Permanent Registries are available for 
    these purposes.
    
    
    Sec. 25.203  Non-compliant offenders.
    
        (a) The Pam Lychner Act, 42 U.S.C. 14072(g)(5), provides for state 
    notification to the FBI if a state cannot verify the address of or 
    locate a person required to register with the state's registration 
    program. The Act further provides that once the FBI receives such a 
    notification, the FBI shall classify the offender as being in violation 
    of the requirements of the National Sex Offender Registry and add a 
    Wanted Person record to the NCIC Wanted Person File, provided that an 
    arrest warrant meeting the requirements for entry into that File is 
    issued in connection with the violation.
        (b) The purpose of the requirement that states notify the FBI of 
    non-compliant offenders is to permit the FBI to indicate on the 
    national system that a sex offender is not complying with his or her 
    registration obligations. States can comply with the notice requirement 
    by obtaining an arrest warrant for non-compliant offenders and entering 
    records for such offenders into the Wanted Person File, as described in 
    paragraph (c) of this section. Upon entry of a wanted person record on 
    the Wanted Person File, that fact will automatically be indicated on 
    the offender's FBI Identification Record and will be accessible on a 
    search of the National Sex Offender Registry.
        (c) Under existing FBI procedures, state and local law enforcement 
    authorities add records of fugitives to the NCIC Wanted Person File 
    upon issuance of a state or local arrest warrant. The FBI will continue 
    to follow those same procedures with respect to registered sex 
    offenders. Accordingly, if an offender fails to comply with a state 
    registration program requirement, state or local authorities should, if 
    appropriate, seek an arrest warrant for that offender and then add a 
    record for the offender to the NCIC Wanted Person File.
    
    
    Sec. 25.204  Notice of an offender's move to another state.
    
        The Pam Lychner Act, 42 U.S.C. 14072(g), requires an offender who 
    moves to a different state to notify both the FBI and the new state of 
    residence so that his or her registration information may be included 
    in the appropriate state and federal databases. No later than 10 days 
    after the offender establishes a new residence, the offender should 
    contact the local FBI office in his or her new state of residence. Once 
    notified by an offender that he or she has moved to another state, the 
    FBI will take the steps necessary to ensure that the offender's new 
    state of residence has also been notified.
    
        Dated: February 9, 1999.
    Janet Reno,
    Attorney General.
    [FR Doc. 99-3613 Filed 2-12-99; 8:45 am]
    BILLING CODE 4410-19-M
    
    
    

Document Information

Published:
02/16/1999
Department:
Justice Department
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
99-3613
Dates:
Submit comments on or before April 19, 1999.
Pages:
7562-7564 (3 pages)
Docket Numbers:
A.G. Order No. 2206-99
RINs:
1105-AA56: Implementation of the Pam Lychner Sexual Offender Tracking and Identification Act
RIN Links:
https://www.federalregister.gov/regulations/1105-AA56/implementation-of-the-pam-lychner-sexual-offender-tracking-and-identification-act
PDF File:
99-3613.Pdf
CFR: (5)
28 CFR 25.200
28 CFR 25.201
28 CFR 25.202
28 CFR 25.203
28 CFR 25.204