[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]
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