CHAPTER 209 —CHILD PROTECTION AND SAFETY
SUBCHAPTER I—SEX OFFENDER REGISTRATION AND NOTIFICATION
Part A—Sex Offender Registration and Notification
Part B—Improving Federal Criminal Law Enforcement To Ensure Sex Offender Compliance With Registration and Notification Requirements and Protection of Children From Violent Predators
Part C—Access to Information and Resources Needed To Ensure That Children Are Not Attacked or Abused
SUBCHAPTER II—CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS
SUBCHAPTER III—GRANTS AND OTHER PROVISIONS
SUBCHAPTER I—SEX OFFENDER REGISTRATION AND NOTIFICATION
§20901. 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 predators against the victims listed below, Congress in this chapter 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 old, 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.
(14) Amanda Brown, who was 7 years old, was abducted and murdered in Florida in 1998.
(15) Elizabeth Smart, who was 14 years old, was abducted in Salt Lake City, Utah in June 2002.
(16) Molly Bish, who was 16 years old, was abducted in 2000 while working as a lifeguard in Warren, Massachusetts, where her remains were found 3 years later.
(17) Samantha Runnion, who was 5 years old, was abducted, sexually assaulted, and murdered in California on July 15, 2002.
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Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Codification
Section was formerly classified to
§20902. Establishment of program
This chapter establishes the Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification Program.
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Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Codification
Section was formerly classified to
§20903. Tribal registry
(1) Establishment
The Attorney General shall contract with any interested Indian tribe, tribal organization, or tribal nonprofit organization to develop and maintain—
(A) a national tribal sex offender registry; and
(B) a tribal protection order registry containing civil and criminal orders of protection issued by Indian tribes and participating jurisdictions.
(2) Authorization of appropriations
There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2014 through 2018, to remain available until expended.
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Editorial Notes
Codification
Section is comprised of subsec. (b) of section 905 of
Section was enacted as part of the Violence Against Women and Department of Justice Reauthorization Act of 2005, and not as part of the Sex Offender Registration and Notification Act which comprises this subchapter, or as part of the Adam Walsh Child Protection and Safety Act of 2006 which comprises this chapter.
Section was formerly classified as a note under
Amendments
2013—Par. (2).
Part A—Sex Offender Registration and Notification
§20911. Relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators
In this subchapter the following definitions apply:
(1) Sex offender
The term "sex offender" means an individual who was convicted of a sex offense.
(2) Tier I sex offender
The term "tier I sex offender" means a sex offender other than a tier II or tier III sex offender.
(3) Tier II sex offender
The term "tier II sex offender" means a sex offender other than a tier III sex offender whose offense is punishable by imprisonment for more than 1 year and—
(A) is comparable to or more severe than the following offenses, when committed against a minor, or an attempt or conspiracy to commit such an offense against a minor:
(i) sex trafficking (as described in
(ii) coercion and enticement (as described in
(iii) transportation with intent to engage in criminal sexual activity (as described in section 2423(a)) 1 of title 18;
(iv) abusive sexual contact (as described in
(B) involves—
(i) use of a minor in a sexual performance;
(ii) solicitation of a minor to practice prostitution; or
(iii) production or distribution of child pornography; or
(C) occurs after the offender becomes a tier I sex offender.
(4) Tier III sex offender
The term "tier III sex offender" means a sex offender whose offense is punishable by imprisonment for more than 1 year and—
(A) is comparable to or more severe than the following offenses, or an attempt or conspiracy to commit such an offense:
(i) aggravated sexual abuse or sexual abuse (as described in
(ii) abusive sexual contact (as described in
(B) involves kidnapping of a minor (unless committed by a parent or guardian); or
(C) occurs after the offender becomes a tier II sex offender.
(5) Amie Zyla expansion of sex offense definition
(A) Generally
Except as limited by subparagraph (B) or (C), the term "sex offense" means—
(i) a criminal offense that has an element involving a sexual act or sexual contact with another;
(ii) a criminal offense that is a specified offense against a minor;
(iii) a Federal offense (including an offense prosecuted under
(iv) a military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of
(v) an attempt or conspiracy to commit an offense described in clauses (i) through (iv).
(B) Foreign convictions
A foreign conviction is not a sex offense for the purposes of this subchapter if it was not obtained with sufficient safeguards for fundamental fairness and due process for the accused under guidelines or regulations established under
(C) Offenses involving consensual sexual conduct
An offense involving consensual sexual conduct is not a sex offense for the purposes of this subchapter if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least 13 years old and the offender was not more than 4 years older than the victim.
(6) Criminal offense
The term "criminal offense" means a State, local, tribal, foreign, or military offense (to the extent specified by the Secretary of Defense under section 115(a)(8)(C)(i) of
(7) Expansion of definition of "specified offense against a minor" to include all offenses by 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 or guardian) involving kidnapping.
(B) An offense (unless committed by a parent or guardian) involving false imprisonment.
(C) Solicitation to engage in sexual conduct.
(D) Use in a sexual performance.
(E) Solicitation to practice prostitution.
(F) Video voyeurism as described in
(G) Possession, production, or distribution of child pornography.
(H) Criminal sexual conduct involving a minor, or the use of the Internet to facilitate or attempt such conduct.
(I) Any conduct that by its nature is a sex offense against a minor.
(8) Convicted as including certain juvenile adjudications
The term "convicted" or a variant thereof, used with respect to a sex offense, includes adjudicated delinquent as a juvenile for that offense, but only if the offender is 14 years of age or older at the time of the offense and the offense adjudicated was comparable to or more severe than aggravated sexual abuse (as described in
(9) Sex offender registry
The term "sex offender registry" means a registry of sex offenders, and a notification program, maintained by a jurisdiction.
(10) 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
(11) Student
The term "student" means an individual who enrolls in or attends an educational institution, including (whether public or private) a secondary school, trade or professional school, and institution of higher education.
(12) Employee
The term "employee" includes an individual who is self-employed or works for any other entity, whether compensated or not.
(13) Resides
The term "resides" means, with respect to an individual, the location of the individual's home or other place where the individual habitually lives.
(14) Minor
The term "minor" means an individual who has not attained the age of 18 years.
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Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of
Codification
Section was formerly classified to
1 So in original. The second closing parenthesis probably should follow "18".
§20912. Registry requirements for jurisdictions
(a) Jurisdiction to maintain a registry
Each jurisdiction shall maintain a jurisdiction-wide sex offender registry conforming to the requirements of this subchapter.
(b) Guidelines and regulations
The Attorney General shall issue guidelines and regulations to interpret and implement this subchapter.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of
Codification
Section was formerly classified to
§20913. Registry requirements for sex offenders
(a) In general
A sex offender shall register, and keep the registration current, in each jurisdiction where the offender resides, where the offender is an employee, and where the offender is a student. For initial registration purposes only, a sex offender shall also register in the jurisdiction in which convicted if such jurisdiction is different from the jurisdiction of residence.
(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 3 business 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 shall, not later than 3 business days after each change of name, residence, employment, or student status, appear in person in at least 1 jurisdiction involved pursuant to subsection (a) and inform that jurisdiction of all changes in the information required for that offender in the sex offender registry. That jurisdiction shall immediately provide that information to all other jurisdictions in which the offender is required to register.
(d) Initial registration of sex offenders unable to comply with subsection (b)
The Attorney General shall have the authority to specify the applicability of the requirements of this subchapter to sex offenders convicted before the enactment of this chapter or its implementation in a particular jurisdiction, and to prescribe rules for the registration of any such sex offenders 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 1 year for the failure of a sex offender to comply with the requirements of this subchapter.
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Editorial Notes
References in Text
This subchapter, referred to in subsecs. (d) and (e), was in the original "this title", meaning title I of
This chapter, referred to in subsec. (d), was in the original "this Act", meaning
Codification
Section was formerly classified to
§20914. Information required in registration
(a) Provided by the offender
The sex offender shall provide the following information to the appropriate official for inclusion in the sex offender registry:
(1) The name of the sex offender (including any alias used by the individual).
(2) The Social Security number of the sex offender.
(3) The address of each residence at which the sex offender resides or will reside.
(4) The name and address of any place where the sex offender is an employee or will be an employee.
(5) The name and address of any place where the sex offender is a student or will be a student.
(6) The license plate number and a description of any vehicle owned or operated by the sex offender.
(7) Information relating to intended travel of the sex offender outside the United States, including any anticipated dates and places of departure, arrival, or return, carrier and flight numbers for air travel, destination country and address or other contact information therein, means and purpose of travel, and any other itinerary or other travel-related information required by the Attorney General.
(8) Any other information required by the Attorney General.
(b) Provided by the jurisdiction
The jurisdiction in which the sex offender registers shall ensure that the following information is included in the registry for that sex offender:
(1) A physical description of the sex offender.
(2) The text of the provision of law defining the criminal offense for which the sex offender is registered.
(3) The criminal history of the sex offender, including the date of all arrests and convictions; the status of parole, probation, or supervised release; registration status; and the existence of any outstanding arrest warrants for the sex offender.
(4) A current photograph of the sex offender.
(5) A set of fingerprints and palm prints of the sex offender.
(6) A DNA sample of the sex offender.
(7) A photocopy of a valid driver's license or identification card issued to the sex offender by a jurisdiction.
(8) Any other information required by the Attorney General.
(c) Time and manner
A sex offender shall provide and update information required under subsection (a), including information relating to intended travel outside the United States required under paragraph (7) of that subsection, in conformity with any time and manner requirements prescribed by the Attorney General.
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Editorial Notes
Codification
Section was formerly classified to
Amendments
2016—Subsec. (a)(7), (8).
Subsec. (c).
§20915. Duration of registration requirement
(a) Full registration period
A sex offender shall keep the registration current for the full registration period (excluding any time the sex offender is in custody or civilly committed) unless the offender is allowed a reduction under subsection (b). The full registration period is—
(1) 15 years, if the offender is a tier I sex offender;
(2) 25 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.
(b) Reduced period for clean record
(1) Clean record
The full registration period shall be reduced as described in paragraph (3) for a sex offender who maintains a clean record for the period described in paragraph (2) by—
(A) not being convicted of any offense for which imprisonment for more than 1 year may be imposed;
(B) not being convicted of any sex offense;
(C) successfully completing any periods of supervised release, probation, and parole; and
(D) successfully completing of 1 an appropriate sex offender treatment program certified by a jurisdiction or by the Attorney General.
(2) Period
In the case of—
(A) a tier I sex offender, the period during which the clean record shall be maintained is 10 years; and
(B) a tier III sex offender adjudicated delinquent for the offense which required registration in a sex registry under this subchapter, the period during which the clean record shall be maintained is 25 years.
(3) Reduction
In the case of—
(A) a tier I sex offender, the reduction is 5 years;
(B) a tier III sex offender adjudicated delinquent, the reduction is from life to that period for which the clean record under paragraph (2) is maintained.
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Editorial Notes
References in Text
This subchapter, referred to in subsec. (b)(2)(B), was in the original "this title", meaning title I of
Codification
Section was formerly classified to
1 So in original. The word "of" probably should not appear.
§20916. Direction to the Attorney General
(a) Requirement that sex offenders provide certain Internet related information to sex offender registries
The Attorney General, using the authority provided in section 114(a)(7) 1 of the Sex Offender Registration and Notification Act [
(b) Timeliness of reporting of information
The Attorney General, using the authority provided in section 112(b) of the Sex Offender Registration and Notification Act [
(c) Nondisclosure to general public
The Attorney General, using the authority provided in section 118(b)(4) of the Sex Offender Registration and Notification Act [
(d) Notice to sex offenders of new requirements
The Attorney General shall ensure that procedures are in place to notify each sex offender of changes in requirements that apply to that sex offender as a result of the implementation of this section.
(e) Definitions
(1) Of "social networking website"
As used in this Act, the term "social networking website"—
(A) means an Internet website—
(i) that allows users, through the creation of web pages or profiles or by other means, to provide information about themselves that is available to the public or to other users; and
(ii) that offers a mechanism for communication with other users where such users are likely to include a substantial number of minors; and
(iii) whose primary purpose is to facilitate online social interactions; and
(B) includes any contractors or agents used by the website to act on behalf of the website in carrying out the purposes of this Act.
(2) Of "Internet identifiers"
As used in this Act, the term "Internet identifiers" means electronic mail addresses and other designations used for self-identification or routing in Internet communication or posting.
(3) Other terms
A term defined for the purposes of the Sex Offender Registration and Notification Act [
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Editorial Notes
References in Text
The Sex Offender Registration and Notification Act, referred to in subsecs. (a) and (e)(3), is title I of
This Act, referred to in subsec. (e), is
Codification
Section was enacted as part of the Keeping the Internet Devoid of Sexual Predators Act of 2008, also known as the KIDS Act of 2008, and not as part of the Sex Offender Registration and Notification Act which comprises this subchapter, or as part of the Adam Walsh Child Protection and Safety Act of 2006 which comprises this chapter.
Section was formerly classified to
1 See References in Text note below.
§20917. Checking system for social networking websites
(a) In general
(1) Secure system for comparisons
The Attorney General shall establish and maintain a secure system that permits social networking websites to compare the information contained in the National Sex Offender Registry with the Internet identifiers of users of the social networking websites, and view only those Internet identifiers that match. The system—
(A) shall not require or permit any social networking website to transmit Internet identifiers of its users to the operator of the system, and
(B) shall use secure procedures that preserve the secrecy of the information made available by the Attorney General, including protection measures that render the Internet identifiers and other data elements indecipherable.
(2) Provision of information relating to identity
Upon receiving a matched Internet identifier, the social networking website may make a request of the Attorney General for, and the Attorney General shall provide promptly, information related to the identity of the individual that has registered the matched Internet identifier. This information is limited to the name, sex, resident address, photograph, and physical description.
(b) Qualification for use of system
A social networking website seeking to use the system shall submit an application to the Attorney General which provides—
(1) the name and legal status of the website;
(2) the contact information for the website;
(3) a description of the nature and operations of the website;
(4) a statement explaining why the website seeks to use the system;
(5) a description of policies and procedures to ensure that—
(A) any individual who is denied access to that website on the basis of information obtained through the system is promptly notified of the basis for the denial and has the ability to challenge the denial of access; and
(B) if the social networking website finds that information is inaccurate, incomplete, or cannot be verified, the site immediately notifies the appropriate State registry and the Department of Justice, so that they may delete or correct that information in the respective State and national databases;
(6) the identity and address of, and contact information for, any contractor that will be used by the social networking website to use the system; and
(7) such other information or attestations as the Attorney General may require to ensure that the website will use the system—
(A) to protect the safety of the users of such website; and
(B) for the limited purpose of making the automated comparison described in subsection (a).
(c) Searches against the system
(1) Frequency of use of the system
A social networking website approved by the Attorney General to use the system may conduct searches under the system as frequently as the Attorney General may allow.
(2) Authority of Attorney General to suspend use
The Attorney General may deny, suspend, or terminate use of the system by a social networking website that—
(A) provides false information in its application for use of the system;
(B) may be using or seeks to use the system for any unlawful or improper purpose;
(C) fails to comply with the procedures required under subsection (b)(5); or
(D) uses information obtained from the system in any way that is inconsistent with the purposes of this Act.
(3) Limitation on release of Internet identifiers
(A) No public release
Neither the Attorney General nor a social networking website approved to use the system may release to the public any list of the Internet identifiers of sex offenders contained in the system.
(B) Additional limitations
The Attorney General shall limit the release of information obtained through the use of the system established under subsection (a) by social networking websites approved to use such system.
(C) Strict adherence to limitation
The use of the system established under subsection (a) by a social networking website shall be conditioned on the website's agreement to observe the limitations required under this paragraph.
(D) Rule of construction
This subsection shall not be construed to limit the authority of the Attorney General under any other provision of law to conduct or to allow searches or checks against sex offender registration information.
(4) Payment of fee
A social networking website approved to use the system shall pay any fee established by the Attorney General for use of the system.
(5) Limitation on liability
(A) In general
A civil claim against a social networking website, including any director, officer, employee, parent, contractor, or agent of that social networking website, arising from the use by such website of the National Sex Offender Registry, may not be brought in any Federal or State court.
(B) Intentional, reckless, or other misconduct
Subparagraph (A) does not apply to a claim if the social networking website, or a director, officer, employee, parent, contractor, or agent of that social networking website—
(i) engaged in intentional misconduct; or
(ii) acted, or failed to act—
(I) with actual malice;
(II) with reckless disregard to a substantial risk of causing injury without legal justification; or
(III) for a purpose unrelated to the performance of any responsibility or function described in paragraph (3).
(C) Minimizing access
A social networking website shall minimize the number of employees that are provided access to the Internet identifiers for which a match has been found through the system.
(6) Rule of construction
Nothing in this section shall be construed to require any Internet website, including a social networking website, to use the system, and no Federal or State liability, or any other actionable adverse consequence, shall be imposed on such website based on its decision not to do so.
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Editorial Notes
References in Text
This Act, referred to in subsec. (c)(2)(D), is
Codification
Section was enacted as part of the Keeping the Internet Devoid of Sexual Predators Act of 2008, also known as the KIDS Act of 2008, and not as part of the Sex Offender Registration and Notification Act which comprises this subchapter, or as part of the Adam Walsh Child Protection and Safety Act of 2006 which comprises this chapter.
Section was formerly classified to
§20918. Periodic in person verification
A sex offender shall appear in person, allow the jurisdiction to take a current photograph, and verify the information in each registry in which that offender is required to be registered not less frequently than—
(1) each year, if the offender is a tier I sex offender;
(2) every 6 months, if the offender is a tier II sex offender; and
(3) every 3 months, if the offender is a tier III sex offender.
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Editorial Notes
Codification
Section was formerly classified to
§20919. Duty to notify sex offenders of registration requirements and to register
(a) In general
An appropriate official shall, shortly before release of the sex offender from custody, 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 duties of a sex offender under this subchapter and explain those duties;
(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.
(b) Notification of sex offenders who cannot comply with subsection (a)
The Attorney General shall prescribe rules for the notification of sex offenders who cannot be registered in accordance with subsection (a).
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (a)(1), was in the original "this title", meaning title I of
Codification
Section was formerly classified to
§20920. Public access to sex offender information through the Internet
(a) In general
Except as provided in this section, each jurisdiction shall make available on the Internet, in a manner that is readily accessible to all jurisdictions and to the public, all information about each sex offender in the registry. The jurisdiction shall maintain the Internet site in a manner that will permit the public to obtain relevant information for each sex offender by a single query for any given zip code or geographic radius set by the user. The jurisdiction shall also include in the design of its Internet site all field search capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Website and shall participate in that website as provided by the Attorney General.
(b) Mandatory exemptions
A jurisdiction shall exempt from disclosure—
(1) the identity of any victim of a sex offense;
(2) the Social Security number of the sex offender;
(3) any reference to arrests of the sex offender that did not result in conviction; and
(4) any other information exempted from disclosure by the Attorney General.
(c) Optional exemptions
A jurisdiction may exempt from disclosure—
(1) any information about a tier I sex offender convicted of an offense other than a specified offense against a minor;
(2) the name of an employer of the sex offender;
(3) the name of an educational institution where the sex offender is a student; and
(4) any other information exempted from disclosure by the Attorney General.
(d) Links
The site shall include, to the extent practicable, links to sex offender safety and education resources.
(e) Correction of errors
The site shall include instructions on how to seek correction of information that an individual contends is erroneous.
(f) Warning
The site shall include a warning that information on the site should not be used to unlawfully injure, harass, or commit a crime against any individual named in the registry or residing or working at any reported address. The warning shall note that any such action could result in civil or criminal penalties.
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Editorial Notes
References in Text
The Dru Sjodin National Sex Offender Public Website, referred to in subsec. (a), is located at https://www.nsopw.gov.
Codification
Section was formerly classified to
§20921. 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 any 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.
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Editorial Notes
Codification
Section was formerly classified to
§20922. Dru Sjodin National Sex Offender Public Website
(a) Establishment
There is established the Dru Sjodin National Sex Offender Public Website (hereinafter in this section referred to as the "Website"), which the Attorney General shall maintain.
(b) Information to be provided
The Website shall include relevant information for each sex offender and other person listed on a jurisdiction's Internet site. The Website shall allow the public to obtain relevant information for each sex offender by a single query for any given zip code or geographical radius set by the user in a form and with such limitations as may be established by the Attorney General and shall have such other field search capabilities as the Attorney General may provide.
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Editorial Notes
References in Text
The Dru Sjodin National Sex Offender Public Website, referred to in text, is located at https://www.nsopw.gov.
Codification
Section was formerly classified to
§20923. 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 Notification Program (hereinafter in this section referred to as the "Program").
(b) Program notification
Except as provided in subsection (c), immediately 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 databases.
(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 an employee or is a student.
(3) Each jurisdiction where the sex offender resides, is an employee, or is a student, and each jurisdiction from or to which a change of residence, employment, or student status occurs.
(4) Any agency responsible for conducting employment-related background checks under
(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) Any organization, company, or individual who requests such notification pursuant to procedures established by the jurisdiction.
(c) Frequency
Notwithstanding subsection (b), an organization or individual described in subsection (b)(6) or (b)(7) may opt to receive the notification described in that subsection no less frequently than once every five business days.
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Editorial Notes
Codification
Section was formerly classified to
§20924. Actions to be taken when sex offender fails to comply
An appropriate official shall notify the Attorney General and appropriate law enforcement agencies of any failure by a sex offender to comply with the requirements of a registry and revise the jurisdiction's registry to reflect the nature of that failure. The appropriate official, the Attorney General, and each such law enforcement agency shall take any appropriate action to ensure compliance.
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Editorial Notes
Codification
Section was formerly classified to
§20925. Development and availability of registry management and website software
(a) Duty to develop and support
The Attorney General shall, in consultation with the jurisdictions, develop and support software to enable jurisdictions to establish and operate uniform sex offender registries and Internet sites.
(b) Criteria
The software should facilitate—
(1) immediate exchange of information among jurisdictions;
(2) public access over the Internet to appropriate information, including the number of registered sex offenders in each jurisdiction on a current basis;
(3) full compliance with the requirements of this subchapter; and
(4) communication of information to community notification program participants as required under
(c) Deadline
The Attorney General shall make the first complete edition of this software available to jurisdictions within 2 years of July 27, 2006.
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (b)(3), was in the original "this title", meaning title I of
Codification
Section was formerly classified to
§20926. Period for implementation by jurisdictions
(a) Deadline
Each jurisdiction shall implement this subchapter before the later of—
(1) 3 years after July 27, 2006; and
(2) 1 year after the date on which the software described in
(b) Extensions
The Attorney General may authorize up to two 1-year extensions of the deadline.
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (a), was in the original "this title", meaning title I of
The software described in
Codification
Section was formerly classified to
§20927. Failure of jurisdiction 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, to substantially implement this subchapter 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 (
(b) State constitutionality
(1) In general
When evaluating whether a jurisdiction has substantially implemented this subchapter, the Attorney General shall consider whether the jurisdiction is unable to substantially implement this subchapter because of a demonstrated inability to implement certain provisions that would place the jurisdiction in violation of its constitution, as determined by a ruling of the jurisdiction's highest court.
(2) Efforts
If the circumstances arise under paragraph (1), then the Attorney General and the jurisdiction shall make good faith efforts to accomplish substantial implementation of this subchapter and to reconcile any conflicts between this subchapter and the jurisdiction's constitution. In considering whether compliance with the requirements of this subchapter would likely violate the jurisdiction's constitution or an interpretation thereof by the jurisdiction's highest court, the Attorney General shall consult with the chief executive and chief legal officer of the jurisdiction concerning the jurisdiction's interpretation of the jurisdiction's constitution and rulings thereon by the jurisdiction's highest court.
(3) Alternative procedures
If the jurisdiction is unable to substantially implement this subchapter because of a limitation imposed by the jurisdiction's constitution, the Attorney General may determine that the jurisdiction is in compliance with this chapter if the jurisdiction has made, or is in the process of implementing 2 reasonable alternative procedures or accommodations, which are consistent with the purposes of this chapter.
(4) Funding reduction
If a jurisdiction does not comply with paragraph (3), then the jurisdiction shall be subject to a funding reduction as specified in subsection (a).
(c) Reallocation
Amounts not allocated under a program referred to in this section to a jurisdiction for failure to substantially implement this subchapter shall be reallocated under that program to jurisdictions that have not failed to substantially implement this subchapter or may be reallocated to a jurisdiction from which they were withheld to be used solely for the purpose of implementing this subchapter.
(d) Rule of construction
The provisions of this subchapter 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.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of
The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (a), is
This chapter, referred to in subsec. (b)(3), was in the original "this Act", meaning
Codification
Section was formerly classified to
1 See References in Text note below.
2 So in original. Probably should be followed by a comma.
§20928. Sex Offender Management Assistance (SOMA) program
(a) In general
The Attorney General shall establish and implement a Sex Offender Management Assistance program (in this subchapter 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 subchapter.
(b) Application
The chief executive of a jurisdiction desiring a grant under this section 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 subchapter not later than 2 years after July 27, 2006, 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 1 year after July 27, 2006; and
(2) 5 percent of such total, if not later than 2 years after July 27, 2006.
(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 2007 through 2009.
(
Editorial Notes
References in Text
This subchapter, referred to in subsecs. (a) and (c), was in the original "this title", meaning title I of
Codification
Section was formerly classified to
§20929. 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 part as a jurisdiction subject to its provisions; or
(B) elect to delegate its functions under this part 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 part.
(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
(B) the tribe does not make an election under paragraph (1) within 1 year of July 27, 2006 or rescinds an election under paragraph (1)(A); or
(C) the Attorney General determines that the tribe has not substantially implemented the requirements of this part 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 part is not required to duplicate functions under this part 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 part 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 part with respect to sex offenders subject to the tribe's jurisdiction.
(
Editorial Notes
References in Text
This part, referred to in text, was in the original "this subtitle", meaning subtitle A (§§111–131) of title I of
Codification
Section was formerly classified to
§20930. Registration of sex offenders entering the United States
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 subchapter. The Secretary of State and the Secretary of Homeland Security shall provide such information and carry out such functions as the Attorney General may direct in the operation of the system.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of
Codification
Section was formerly classified to
§20931. Registration of sex offenders released from military corrections facilities or upon conviction
The Secretary of Defense shall provide to the Attorney General the information described in
(1)(A) released from military corrections facilities; or
(B) convicted if the sentences adjudged by courts-martial under
(2) required to register under this subchapter.
(
Editorial Notes
References in Text
The Dru Sjodin National Sex Offender Public Website, referred to in text, is located at https://www.nsopw.gov.
This subchapter, referred to in par. (2), was in the original "this title", meaning title I of
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Short Title
For short title of title V of
§20932. 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 subchapter.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title I of
Codification
Section was formerly classified to
Part B—Improving Federal Criminal Law Enforcement To Ensure Sex Offender Compliance With Registration and Notification Requirements and Protection of Children From Violent Predators
§20941. Federal assistance with respect to violations of registration requirements
(a) In general
The Attorney General shall use the resources of Federal law enforcement, including the United States Marshals Service, to assist jurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements. For the purposes of
(b) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for fiscal years 2007 through 2009 to implement this section.
(
Editorial Notes
Codification
Section was formerly classified to
§20942. Project Safe Childhood
(a) Establishment of program
Not later than 6 months after July 27, 2006, the Attorney General shall create and maintain a Project Safe Childhood program in accordance with this section.
(b) Initial implementation
Except as authorized under subsection (c), funds authorized under this section may only be used for the following 5 purposes:
(1) Integrated Federal, State, and local efforts to investigate and prosecute child exploitation cases, including—
(A) the partnership by each United States Attorney with each Internet Crimes Against Children Task Force that is a part of the Internet Crimes Against Children Task Force Program authorized and funded under title IV of the Juvenile Justice and Delinquency Prevention Act of 1974 (
(B) the partnership by each United States Attorney with other Federal, State, and local law enforcement partners working in the district of such attorney to implement the program described in subsection (a);
(C) the development by each United States Attorney of a district-specific strategic plan to coordinate the investigation and prosecution of child exploitation crimes;
(D) efforts to identify and rescue victims of child exploitation crimes; and
(E) local training, educational, and awareness programs of such crimes.
(2) Major case coordination by the Department of Justice (or other Federal agencies as appropriate), including specific integration or cooperation, as appropriate, of—
(A) the Child Exploitation and Obscenity Section within the Department of Justice;
(B) the Innocent Images Unit of the Federal Bureau of Investigation;
(C) any task forces established in connection with the Project Safe Childhood program set forth under subsection (a); and
(D) the High Tech Investigative Unit within the Criminal Division of the Department of Justice.
(3) Increased Federal involvement in child pornography and enticement cases by providing additional investigative tools and increased penalties under Federal law.
(4) Training of Federal, State, and local law enforcement through programs facilitated by—
(A) the National Center for Missing and Exploited Children;
(B) the ICAC Task Force Program; and
(C) any other ongoing program regarding the investigation and prosecution of computer-facilitated crimes against children, including training and coordination regarding leads from—
(i) Federal law enforcement operations; and
(ii) the CyberTipline and Child Victim-Identification programs managed and maintained by the National Center for Missing and Exploited Children.
(5) Community awareness and educational programs through partnerships to provide national public awareness and educational programs through—
(A) the National Center for Missing and Exploited Children;
(B) the ICAC Task Force Program; and
(C) any other ongoing programs that—
(i) raises 2 national awareness about the threat of online sexual predators; or
(ii) provides 2 information to parents and children seeking to report possible violations of computer-facilitated crimes against children.
(c) Expansion of project safe childhood
Notwithstanding subsection (b), funds authorized under this section may be also be 2 used for the following purposes:
(1) The addition of not less than 8 Assistant United States Attorneys at the Department of Justice dedicated to the prosecution of cases in connection with the Project Safe Childhood program set forth under subsection (a).
(2) The creation, development, training, and deployment of not less than 10 new Internet Crimes Against Children task forces within the ICAC Task Force Program consisting of Federal, State, and local law enforcement personnel dedicated to the Project Safe Childhood program set forth under subsection (a), and the enhancement of the forensic capacities of existing Internet Crimes Against Children task forces.
(3) The development and enhancement by the Federal Bureau of Investigation of the Innocent Images task forces.
(4) Such other additional and related purposes as the Attorney General determines appropriate.
(d) Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated—
(1) for the activities described under subsection (b)—
(A) $18,000,000 for fiscal year 2007; and
(B) such sums as may be necessary for each of the 5 succeeding fiscal years; and
(2) for the activities described under subsection (c)—
(A) for fiscal year 2007—
(i) $15,000,000 for the activities under paragraph (1);
(ii) $10,000,000 for activities under paragraph (2); and
(iii) $4,000,000 for activities under paragraph (3); and
(B) such sums as may be necessary for each of the 5 succeeding fiscal years.
(
Editorial Notes
References in Text
The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (b)(1)(A), is
Codification
Section was formerly classified to
1 See References in Text note below.
§20943. Federal assistance in identification and location of sex offenders relocated as a result of a major disaster
The Attorney General shall provide assistance to jurisdictions in the identification and location of a sex offender relocated as a result of a major disaster.
(
Editorial Notes
Codification
Section was formerly classified to
§20944. Expansion of training and technology efforts
(a) Training
The Attorney General 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 involving 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 multidisciplinary 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 online solicitation of children by sex offenders.
(b) Technology
The Attorney General 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, 2007, the Attorney General,1 shall submit to Congress a report on the activities carried out under this section. The report shall include any recommendations that the Attorney General considers appropriate.
(d) Authorization of appropriations
There are authorized to be appropriated to the Attorney General, for fiscal year 2007—
(1) $1,000,000 to carry out subsection (a); and
(2) $2,000,000 to carry out subsection (b).
(
Editorial Notes
Codification
Section was formerly classified to
1 So in original. The comma probably should not appear.
§20945. Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking
(a) Establishment
There is established within the Department of Justice, under the general authority of the Attorney General, an Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (hereinafter in this section referred to as the "SMART Office").
(b) Director
The SMART 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 SMART 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.
(c) Duties and functions
The SMART Office is authorized to—
(1) administer the standards for the sex offender registration and notification program set forth in this chapter;
(2) administer grant programs relating to sex offender registration and notification authorized by this chapter and other grant programs authorized by this chapter 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.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (c)(1), (2), was in the original "this Act", meaning
Codification
Section was formerly classified to
Part C—Access to Information and Resources Needed To Ensure That Children Are Not Attacked or Abused
§20961. 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
(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.
(
Editorial Notes
Codification
Section was formerly classified to
§20962. Schools SAFE Act
(a) Short title
This section may be cited as the "Schools Safely Acquiring Faculty Excellence Act of 2006".
(b) In general
The Attorney General of the United States shall, upon request of the chief executive officer of a State, conduct fingerprint-based checks of the national crime information databases (as defined in
(1) a child welfare agency for the purpose of—
(A) conducting a background check required under section 471(a)(20) of the Social Security Act [
(B) an investigation relating to an incident of abuse or neglect of a minor; or
(2) a private or public elementary school, a private or public secondary school, a local educational agency, or State educational agency in that State, on individuals employed by, under consideration for employment by, or otherwise in a position in which the individual would work with or around children in the school or agency.
(c) Fingerprint-based check
Where possible, the check shall include a fingerprint-based check of State criminal history databases.
(d) Fees
The Attorney General and the States may charge any applicable fees for the checks.
(e) Protection of information
An individual having information derived as a result of a check under subsection (b) may release that information only to appropriate officers of child welfare agencies, public or private elementary or secondary schools, or educational agencies or other persons authorized by law to receive that information.
(f) Criminal penalties
An individual who knowingly exceeds the authority in subsection (b), or knowingly releases information in violation of subsection (e), shall be imprisoned not more than 10 years or fined under title 18, or both.
(g) Child welfare agency defined
In this section, the term "child welfare agency" means—
(1) the State or local agency responsible for administering the plan under part B or part E of title IV of the Social Security Act [
(2) any other public agency, or any other private agency under contract with the State or local agency responsible for administering the plan under part B or part E of title IV of the Social Security Act, that is responsible for the licensing or approval of foster or adoptive parents.
(h) Definition of education terms
In this section, the terms "elementary school", "local educational agency", "secondary school", and "State educational agency" have the meanings given to those terms in
(
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (g), is act Aug. 14, 1935, ch. 531,
Codification
Section is comprised of section 153 of
Section was formerly classified to
Amendments
2015—Subsec. (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
SUBCHAPTER II—CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS
§20971. Jimmy Ryce State civil commitment programs for sexually dangerous persons
(a) Grants authorized
Except as provided in subsection (b), the Attorney General shall make grants to jurisdictions for the purpose of establishing, enhancing, or operating effective civil commitment programs for sexually dangerous persons.
(b) Limitation
The Attorney General shall not make any grant under this section for the purpose of establishing, enhancing, or operating any transitional housing for a sexually dangerous person in or near a location where minors or other vulnerable persons are likely to come into contact with that person.
(c) Eligibility
(1) In general
To be eligible to receive a grant under this section, a jurisdiction shall, before the expiration of the compliance period—
(A) have established a civil commitment program for sexually dangerous persons that is consistent with guidelines issued by the Attorney General; or
(B) submit a plan for the establishment of such a program.
(2) Compliance period
The compliance period referred to in paragraph (1) expires on the date that is 2 years after July 27, 2006. However, the Attorney General may, on a case-by-case basis, extend the compliance period that applies to a jurisdiction if the Attorney General considers such an extension to be appropriate.
(3) Release notice
(A) Each civil commitment program for which funding is required under this section shall require the issuance of timely notice to a State official responsible for considering whether to pursue civil commitment proceedings upon the impending release of any person incarcerated by the State who—
(i) has been convicted of a sexually violent offense; or
(ii) has been deemed by the State to be at high risk for recommitting any sexual offense against a minor.
(B) The program shall further require that upon receiving notice under subparagraph (A), the State official shall consider whether or not to pursue a civil commitment proceeding, or any equivalent proceeding required under State law.
(d) Attorney General reports
Not later than January 31 of each year, beginning with 2008, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of jurisdictions in implementing this section and the rate of sexually violent offenses for each jurisdiction.
(e) Definitions
As used in this section:
(1) The term "civil commitment program" means a program that involves—
(A) secure civil confinement, including appropriate control, care, and treatment during such confinement; and
(B) appropriate supervision, care, and treatment for individuals released following such confinement.
(2) The term "sexually dangerous person" means a person suffering from a serious mental illness, abnormality, or disorder, as a result of which the individual would have serious difficulty in refraining from sexually violent conduct or child molestation.
(3) The term "jurisdiction" has the meaning given such term in
(f) Authorization of appropriations
There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2007 through 2010.
(
Editorial Notes
Codification
Section was formerly classified to
SUBCHAPTER III—GRANTS AND OTHER PROVISIONS
§20981. Pilot program for monitoring sexual offenders
(a) Sex offender monitoring program
(1) Grants authorized
(A) In general
The Attorney General is authorized to award grants (referred to as "Jessica Lunsford and Sarah Lunde Grants") to States, local governments, and Indian tribal governments to assist in—
(i) carrying out programs to outfit sex offenders with electronic monitoring units; and
(ii) the employment of law enforcement officials necessary to carry out such programs.
(B) Duration
The Attorney General shall award grants under this section for a period not to exceed 3 years.
(C) Minimum standards
The electronic monitoring units used in the pilot program shall at a minimum—
(i) provide a tracking device for each offender that contains a central processing unit with global positioning system; and
(ii) permit continuous monitoring of offenders 24 hours a day.
(2) Application
(A) In general
Each State, local government, or Indian tribal government desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.
(B) Contents
Each application submitted pursuant to subparagraph (A) shall—
(i) describe the activities for which assistance under this section is sought; and
(ii) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section.
(b) 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.
(c) Authorization of appropriations
(1) In general
There are authorized to be appropriated $5,000,000 for each of the fiscal years 2007 through 2009 to carry out this section.
(2) Report
Not later than September 1, 2010, the Attorney General shall report to Congress—
(A) assessing the effectiveness and value of this section;
(B) comparing the cost effectiveness of the electronic monitoring to reduce sex offenses compared to other alternatives; and
(C) making recommendations for continuing funding and the appropriate levels for such funding.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2008—Subsec. (a)(1)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
§20982. 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 2007 through 2011 to carry out this section.
(
Editorial Notes
Codification
Section was formerly classified to
§20983. Grants to combat sexual abuse of children
(a) In general
The Bureau of Justice Assistance is authorized to make grants under this section—
(1) to any law enforcement agency that serves a jurisdiction with 50,000 or more residents; and
(2) to any 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) Criteria
The Attorney General shall give priority to law enforcement agencies making a showing of need.
(d) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for fiscal years 2007 through 2009 to carry out this section.
(
Editorial Notes
Codification
Section was formerly classified to
§20984. Grants for fingerprinting programs for children
(a) In general
The Attorney General shall establish and implement a program under which the Attorney General may make grants to States, units of local government, and Indian tribal governments in accordance with this section.
(b) Use of grant amounts
A grant made to a State, unit of local government, or Indian tribal government under subsection (a) shall be distributed to law enforcement agencies within the jurisdiction of such State, unit, or tribal government to be used for any of the following activities:
(1) To establish a voluntary fingerprinting program for children, which may include the taking of palm prints of children.
(2) To hire additional law enforcement personnel, or train existing law enforcement personnel, to take fingerprints of children.
(3) To provide information within the community involved about the existence of such a fingerprinting program.
(4) To provide for computer hardware, computer software, or other materials necessary to carry out such a fingerprinting program.
(c) Limitation
Fingerprints of a child derived from a program funded under this section—
(1) may be released only to a parent or guardian of the child; and
(2) may not be copied or retained by any Federal, State, local, or tribal law enforcement officer unless written permission is given by the parent or guardian.
(d) Criminal penalty
Any person who uses the fingerprints of a child derived from a program funded under this section for any purpose other than the purpose described in subsection (c)(1) shall be subject to imprisonment for not more than 1 year, a fine under title 18, or both.
(e) Authorization of appropriations
There is authorized to be appropriated $20,000,000 to carry out this section for the 5-year period beginning on the first day of fiscal year 2007.
(
Editorial Notes
Codification
Section was formerly classified to
§20985. Grants for Rape, Abuse & Incest National Network
(a) Findings
Congress finds as follows:
(1) More than 200,000 Americans each year are victims of sexual assault, according to the Department of Justice.
(2) In 2004, 1 American was sexually assaulted every 2.5 minutes.
(3) One of every 6 women, and 1 of every 133 men, in America has been the victim of a completed or attempted rape, according to the Department of Justice.
(4) The Federal Bureau of Investigation ranks rape second in the hierarchy of violent crimes for its Uniform Crime Reports, trailing only murder.
(5) The Federal Government, through the Victims of Crime Act [
(6) Research suggests that sexual assault victims who receive counseling support are more likely to report their attack to the police and to participate in the prosecution of the offender.
(7) Due in part to the combined efforts of law enforcement officials at the local, State, and Federal level, as well as the efforts of the Rape, Abuse & Incest National Network (RAINN) and its affiliated rape crisis centers across the United States, sexual violence in America has fallen by more than half since 1994.
(8) RAINN, a 501(c)(3) nonprofit corporation headquartered in the District of Columbia, has since 1994 provided help to victims of sexual assault and educated the public about sexual assault prevention, prosecution, and recovery.
(9) RAINN established and continues to operate the National Sexual Assault Hotline, a free, confidential telephone hotline that provides help, 24 hours a day, to victims nationally.
(10) More than 1,100 local rape crisis centers in the 50 States and the District of Columbia partner with RAINN and are members of the National Sexual Assault Hotline network (which has helped more than 970,000 people since its inception in 1994).
(11) To better serve victims of sexual assault, 80 percent of whom are under age 30 and 44 percent of whom are under age 18, RAINN will soon launch the National Sexual Assault Online Hotline, the web's first secure hotline service offering live help 24 hours a day.
(12) Congress and the Department of Justice have given RAINN funding to conduct its crucial work.
(13) RAINN is a national model of public/private partnership, raising private sector funds to match congressional appropriations and receiving extensive private in-kind support, including advanced technology provided by the communications and technology industries to launch the National Sexual Assault Hotline and the National Sexual Assault Online Hotline.
(14) Worth magazine selected RAINN as one of "America's 100 Best Charities", in recognition of the organization's "efficiency and effectiveness.".1
(15) In fiscal year 2005, RAINN spent more than 91 cents of every dollar received directly on program services.
(16) The demand for RAINN's services is growing dramatically, as evidenced by the fact that, in 2005, the National Sexual Assault Hotline helped 137,039 people, an all-time record.
(17) The programs sponsored by RAINN and its local affiliates have contributed to the increase in the percentage of victims who report their rape to law enforcement.
(18) According to a recent poll, 92 percent of American women said that fighting sexual and domestic violence should be a top public policy priority (a higher percentage than chose health care, child care, or any other issue).
(19) Authorizing Federal funds for RAINN's national programs would promote continued progress with this interstate problem and would make a significant difference in the prosecution of rapists and the overall incidence of sexual violence.
(b) Duties and functions of the Administrator
(1) Description of activities
The Administrator shall—
(A) issue such rules as the Administrator considers necessary or appropriate to carry out this section;
(B) make such arrangements as may be necessary and appropriate to facilitate effective coordination among all Federally funded programs relating to victims of sexual assault; and
(C) provide adequate staff and agency resources which are necessary to properly carry out the responsibilities pursuant to this section.
(2) Annual grant to Rape, Abuse & Incest National Network
The Administrator shall annually make a grant to RAINN, which shall be used for the performance of the organization's national programs, which may include—
(A) operation of the National Sexual Assault Hotline, a 24-hour toll-free telephone line by which individuals may receive help and information from trained volunteers;
(B) operation of the National Sexual Assault Online Hotline, a 24-hour free online service by which individuals may receive help and information from trained volunteers;
(C) education of the media, the general public, and populations at risk of sexual assault about the incidence of sexual violence and sexual violence prevention, prosecution, and recovery;
(D) dissemination, on a national basis, of information relating to innovative and model programs, services, laws, legislation, and policies that benefit victims of sexual assault; and
(E) provision of technical assistance to law enforcement agencies, State and local governments, the criminal justice system, public and private nonprofit agencies, and individuals in the investigation and prosecution of cases involving victims of sexual assault.
(c) Definitions
For the purposes of this section:
(1) Administrator
The term "Administrator" means the Administrator of the Office of Juvenile Justice and Delinquency Prevention.
(2) RAINN
The term "RAINN" means the Rape, Abuse & Incest National Network, a 501(c)(3) nonprofit corporation headquartered in the District of Columbia.
(d) Authorization of appropriations
There is authorized to be appropriated to the Administrator to carry out this section, $3,000,000 for each of fiscal years 2022 through 2027.
(
Editorial Notes
References in Text
The Victims of Crime Act, referred to in subsec. (a)(5), probably means the Victims of Crime Act of 1984, which is chapter XIV of title II of
The Violence Against Women Act, referred to in subsec. (a)(5), probably means the Violence Against Women Act of 1994, which is title IV of
Codification
Section was formerly classified to
Amendments
2023—Subsec. (d).
1 So in original. The second period probably should not appear.
§20986. Children's safety online awareness campaigns
(a) Awareness campaign for children's safety online
(1) In general
The Attorney General, in consultation with the National Center for Missing and Exploited Children, is authorized to develop and carry out a public awareness campaign to demonstrate, explain, and encourage children, parents, and community leaders to better protect children when such children are on the Internet.
(2) Required components
The public awareness campaign described under paragraph (1) shall include components that compliment 1 and reinforce the campaign message in a variety of media, including the Internet, television, radio, and billboards.
(b) Awareness campaign regarding the accessibility and utilization of sex offender registries
The Attorney General, in consultation with the National Center for Missing and Exploited Children, is authorized to develop and carry out a public awareness campaign to demonstrate, explain, and encourage parents and community leaders to better access and utilize the Federal and State sex offender registries.
(c) Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as are necessary for fiscal years 2007 through 2011.
(
Editorial Notes
Codification
Section was formerly classified to
1 So in original. Probably should be "complement".
§20987. Grants for online child safety programs
(a) In general
The Attorney General shall, subject to the availability of appropriations, make grants to States, units of local government, and nonprofit organizations for the purposes of establishing and maintaining programs with respect to improving and educating children and parents in the best ways for children to be safe when on the Internet.
(b) Definition of State
For purposes of this section, the term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(c) Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as are necessary for fiscal years 2007 through 2011.
(
Editorial Notes
Codification
Section was formerly classified to
§20988. Jessica Lunsford Address Verification Grant Program
(a) Establishment
There is established the Jessica Lunsford Address Verification Grant Program (hereinafter in this section referred to as the "Program").
(b) Grants authorized
Under the Program, the Attorney General is authorized to award grants to State,1 local governments, and Indian tribal governments to assist in carrying out programs requiring an appropriate official to verify, at appropriate intervals, the residence of all or some registered sex offenders.
(c) Application
(1) In general
Each State or local government seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.
(2) Contents
Each application submitted pursuant to paragraph (1) shall—
(A) describe the activities for which assistance under this section is sought; and
(B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section.
(d) Innovation
In making grants under this section, the Attorney General shall ensure that different approaches to address verification are funded to allow an assessment of effectiveness.
(e) Authorization of appropriations
(1) In general
There are authorized to be appropriated for each of the fiscal years 2007 through 2009 such sums as may be necessary to carry out this section.
(2) Report
Not later than April 1, 2009, the Attorney General shall report to Congress—
(A) assessing the effectiveness and value of this section;
(B) comparing the cost effectiveness of address verification to reduce sex offenses compared to other alternatives; and
(C) making recommendations for continuing funding and the appropriate levels for such funding.
(
Editorial Notes
Codification
Section was formerly classified to
1 So in original. Probably should be "States,".
§20989. Fugitive Safe Surrender
(a) Findings
Congress finds the following:
(1) Fugitive Safe Surrender is a program of the United States Marshals Service, in partnership with public, private, and faith-based organizations, which temporarily transforms a church into a courthouse, so fugitives can turn themselves in, in an atmosphere where they feel more comfortable to do so, and have nonviolent cases adjudicated immediately.
(2) In the 4-day pilot program in Cleveland, Ohio, over 800 fugitives turned themselves in. By contrast, a successful Fugitive Task Force sweep, conducted for 3 days after Fugitive Safe Surrender, resulted in the arrest of 65 individuals.
(3) Fugitive Safe Surrender is safer for defendants, law enforcement, and innocent bystanders than needing to conduct a sweep.
(4) Based upon the success of the pilot program, Fugitive Safe Surrender should be expanded to other cities throughout the United States.
(b) Establishment
The United States Marshals Service shall establish, direct, and coordinate a program (to be known as the "Fugitive Safe Surrender Program"), under which the United States Marshals Service shall apprehend Federal, State, and local fugitives in a safe, secure, and peaceful manner to be coordinated with law enforcement and community leaders in designated cities throughout the United States.
(c) Authorization of appropriations
There are authorized to be appropriated to the United States Marshals Service to carry out this section—
(1) $3,000,000 for fiscal year 2007;
(2) $5,000,000 for fiscal year 2008; and
(3) $8,000,000 for fiscal year 2009.
(d) Other existing applicable law
Nothing in this section shall be construed to limit any existing authority under any other provision of Federal or State law for law enforcement agencies to locate or apprehend fugitives through task forces or any other means.
(
Editorial Notes
Codification
Section was formerly classified to
§20990. National registry of substantiated cases of child abuse
(a) In general
The Secretary of Health and Human Services, in consultation with the Attorney General, shall create a national registry of substantiated cases of child abuse or neglect.
(b) Information
(1) Collection
The information in the registry described in subsection (a) shall be supplied by States and Indian tribes, or, at the option of a State, by political subdivisions of such State, to the Secretary of Health and Human Services.
(2) Type of information
The registry described in subsection (a) shall collect in a central electronic registry information on persons reported to a State, Indian tribe, or political subdivision of a State as perpetrators of a substantiated case of child abuse or neglect.
(c) Scope of information
(1) In general
(A) Treatment of reports
The information to be provided to the Secretary of Health and Human Services under this section shall relate to substantiated reports of child abuse or neglect.
(B) Exception
If a State, Indian tribe, or political subdivision of a State has an electronic register of cases of child abuse or neglect equivalent to the registry established under this section that it maintains pursuant to a requirement or authorization under any other provision of law, the information provided to the Secretary of Health and Human Services under this section shall be coextensive with that in such register.
(2) Form
Information provided to the Secretary of Health and Human Services under this section—
(A) shall be in a standardized electronic form determined by the Secretary of Health and Human Services; and
(B) shall contain case-specific identifying information that is limited to the name of the perpetrator and the nature of the substantiated case of child abuse or neglect, and that complies with clauses (viii) and (ix) of section 5106a(b)(2)(A) 1 of title 42.
(d) Construction
This section shall not be construed to require a State, Indian tribe, or political subdivision of a State to modify—
(1) an equivalent register of cases of child abuse or neglect that it maintains pursuant to a requirement or authorization under any other provision of law; or
(2) any other record relating to child abuse or neglect, regardless of whether the report of abuse or neglect was substantiated, unsubstantiated, or determined to be unfounded.
(e) Accessibility
Information contained in the national registry shall only be accessible to any Federal, State, Indian tribe, or local government entity, or any agent of such entities, that has a need for such information in order to carry out its responsibilities under law to protect children from child abuse and neglect.
(f) Dissemination
The Secretary of Health and Human Services shall establish standards for the dissemination of information in the national registry of substantiated cases of child abuse or neglect. Such standards shall comply with clauses (viii) and (ix) of section 5106a(b)(2)(A) 1 of title 42.
(g) Study
(1) In general
The Secretary of Health and Human Services shall conduct a study on the feasibility of establishing data collection standards for a national child abuse and neglect registry with recommendations and findings concerning—
(A) costs and benefits of such data collection standards;
(B) data collection standards currently employed by each State, Indian tribe, or political subdivision of a State;
(C) data collection standards that should be considered to establish a model of promising practices; and
(D) a due process procedure for a national registry.
(2) Report
Not later than 1 year after July 27, 2006, the Secretary of Homeland Security shall submit to the Committees on the Judiciary in the House of Representatives and the United States Senate and the Senate Committee on Health, Education, Labor and Pensions and the House Committee on Education and the Workforce a report containing the recommendations and findings of the study on data collection standards for a national child abuse registry authorized under this subsection.
(3) Authorization of appropriations
There is authorized to be appropriated $500,000 for the period of fiscal years 2006 and 2007 to carry out the study required by this subsection.
(
Editorial Notes
References in Text
Codification
Section was formerly classified to
1 See References in Text note below.
§20991. Annual report on enforcement of registration requirements
Not later than July 1 of each year, the Attorney General shall submit a report to Congress describing—
(1) the use by the Department of Justice of the United States Marshals Service to assist jurisdictions in locating and apprehending sex offenders who fail to comply with sex offender registration requirements, as authorized by this chapter;
(2) the use of
(3) a detailed explanation of each jurisdiction's compliance with subchapter I of this chapter;
(4) a detailed description of Justice Department efforts to ensure compliance and any funding reductions, the basis for any decision to reduce funding or not to reduce funding under
(5) the denial or grant of any extensions to comply with subchapter I of this chapter, and the reasons for such denial or grant.
(
Editorial Notes
References in Text
This chapter, referred to in par. (1), was in the original "this Act", meaning
Subchapter I of this chapter, referred to in pars. (3) and (5), was in the original "the Sex Offender Registration and Notification Act", meaning title I of
Codification
Section was formerly classified to