USC Subchapter I

USC Subchapter I
in effect

34 U.S.C. § 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 offenderThe term “sex offender” means an individual who was convicted of a sex offense. (2) Tier I sex offenderThe term “tier I sex offender” means a sex offender other than a tier II or tier III sex offender. (3) Tier II sex offenderThe 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 section 1591 of title 18); (ii) coercion and enticement (as described in section 2422(b) of title 18); (iii) transportation with intent to engage in criminal sexual activity (as described in section 2423(a)) 11 So in original. The second closing parenthesis probably should follow “18”. of title 18; (iv) abusive sexual contact (as described in section 2244 of title 18); (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 offenderThe 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 sections 2241 and 2242 of title 18); or (ii) abusive sexual contact (as described in section 2244 of title 18) against a minor who has not attained the age of 13 years; (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) GenerallyExcept 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 section 1152 or 1153 of title 18) under section 1591, or chapter 109A, 110 (other than section 2257, 2257A, or 2258), or 117, of title 18; (iv) a military offense specified by the Secretary of Defense under section 115(a)(8)(C)(i) of Public Law 105–119 (10 U.S.C. 951 note); or (v) an attempt or conspiracy to commit an offense described in clauses (i) through (iv). (B) Foreign convictionsA 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 section 20912 of this title. (C) Offenses involving consensual sexual conductAn 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 offenseThe 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 Public Law 105–119 (10 U.S.C. 951 note)) or other criminal offense. (7) Expansion of definition of “specified offense against a minor” to include all offenses by child predatorsThe 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 section 1801 of title 18. (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 adjudicationsThe 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 section 2241 of title 18), or was an attempt or conspiracy to commit such an offense. (9) Sex offender registryThe term “sex offender registry” means a registry of sex offenders, and a notification program, maintained by a jurisdiction. (10) JurisdictionThe term “jurisdiction” means any of the following:(A) A State. (B) The District of Columbia. (C) The Commonwealth of Puerto Rico. (D) Guam. (E) American Samoa. (F) The Northern Mariana Islands. (G) The United States Virgin Islands. (H) To the extent provided and subject to the requirements of section 20929 of this title, a federally recognized Indian tribe. (11) StudentThe 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) EmployeeThe term “employee” includes an individual who is self-employed or works for any other entity, whether compensated or not. (13) ResidesThe term “resides” means, with respect to an individual, the location of the individual’s home or other place where the individual habitually lives. (14) MinorThe term “minor” means an individual who has not attained the age of 18 years.

34 U.S.C. § 20912 Registry requirements for jurisdictions

(a) Jurisdiction to maintain a registryEach jurisdiction shall maintain a jurisdiction-wide sex offender registry conforming to the requirements of this subchapter. (b) Guidelines and regulationsThe Attorney General shall issue guidelines and regulations to interpret and implement this subchapter.

34 U.S.C. § 20913 Registry requirements for sex offenders

(a) In generalA 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 registrationThe 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 currentA 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 complyEach 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.

34 U.S.C. § 20914 Information required in registration

(a) Provided by the offenderThe 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 jurisdictionThe 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 mannerA 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.

34 U.S.C. § 20915 Duration of registration requirement

(a) Full registration periodA 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 recordThe 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 11 So in original. The word “of” probably should not appear. an appropriate sex offender treatment program certified by a jurisdiction or by the Attorney General. (2) PeriodIn 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) ReductionIn 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.

34 U.S.C. § 20916 Direction to the Attorney General

(a) Requirement that sex offenders provide certain Internet related information to sex offender registriesThe Attorney General, using the authority provided in section 114(a)(7) 11 See References in Text note below. of the Sex Offender Registration and Notification Act [34 U.S.C. 20914(a)(7)], shall require that each sex offender provide to the sex offender registry those Internet identifiers the sex offender uses or will use of any type that the Attorney General determines to be appropriate under that Act [34 U.S.C. 20901 et seq.]. These records of Internet identifiers shall be subject to the Privacy Act (5 U.S.C. 552a) to the same extent as the other records in the National Sex Offender Registry. (b) Timeliness of reporting of informationThe Attorney General, using the authority provided in section 112(b) of the Sex Offender Registration and Notification Act [34 U.S.C. 20912(b)], shall specify the time and manner for keeping current information required to be provided under this section. (c) Nondisclosure to general publicThe Attorney General, using the authority provided in section 118(b)(4) of the Sex Offender Registration and Notification Act [34 U.S.C. 20920(b)(4)], shall exempt from disclosure all information provided by a sex offender under subsection (a). (d) Notice to sex offenders of new requirementsThe 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 termsA term defined for the purposes of the Sex Offender Registration and Notification Act [34 U.S.C. 20901 et seq.] has the same meaning in this Act.

34 U.S.C. § 20917 Checking system for social networking websites

(a) In general(1) Secure system for comparisonsThe 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 identityUpon 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 systemA 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 systemA 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 useThe 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 releaseNeither 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 limitationsThe 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 limitationThe 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 constructionThis 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 feeA 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 generalA 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 misconductSubparagraph (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 accessA 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 constructionNothing 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.

34 U.S.C. § 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.

34 U.S.C. § 20919 Duty to notify sex offenders of registration requirements and to register

(a) In generalAn 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).

34 U.S.C. § 20920 Public access to sex offender information through the Internet

(a) In generalExcept 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 exemptionsA 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 exemptionsA 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) LinksThe site shall include, to the extent practicable, links to sex offender safety and education resources. (e) Correction of errorsThe site shall include instructions on how to seek correction of information that an individual contends is erroneous. (f) WarningThe 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.

34 U.S.C. § 20921 National Sex Offender Registry

(a) InternetThe 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 forwardingThe 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.

34 U.S.C. § 20922 Dru Sjodin National Sex Offender Public Website

(a) EstablishmentThere 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 providedThe 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.

34 U.S.C. § 20923 Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification Program

(a) Establishment of ProgramThere is established the Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification Program (hereinafter in this section referred to as the “Program”). (b) Program notificationExcept 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 section 40102 of this title. (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) FrequencyNotwithstanding 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.

34 U.S.C. § 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.

34 U.S.C. § 20925 Development and availability of registry management and website software

(a) Duty to develop and supportThe 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) CriteriaThe 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 section 20923 of this title. (c) DeadlineThe Attorney General shall make the first complete edition of this software available to jurisdictions within 2 years of July 27, 2006.

34 U.S.C. § 20926 Period for implementation by jurisdictions

(a) DeadlineEach 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 section 20925 of this title is available. (b) ExtensionsThe Attorney General may authorize up to two 1-year extensions of the deadline.

34 U.S.C. § 20927 Failure of jurisdiction to comply

(a) In generalFor 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 (42 U.S.C. 3750 et seq.).11 See References in Text note below. (b) State constitutionality(1) In generalWhen 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) EffortsIf 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 proceduresIf 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 22 So in original. Probably should be followed by a comma. reasonable alternative procedures or accommodations, which are consistent with the purposes of this chapter. (4) Funding reductionIf a jurisdiction does not comply with paragraph (3), then the jurisdiction shall be subject to a funding reduction as specified in subsection (a). (c) ReallocationAmounts 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 constructionThe 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.

34 U.S.C. § 20928 Sex Offender Management Assistance (SOMA) program

(a) In generalThe 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) ApplicationThe 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 complianceA 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 appropriationsIn 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.

34 U.S.C. § 20929 Election by Indian tribes

(a) Election(1) In generalA 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 casesA tribe shall be treated as if it had made the election described in paragraph (1)(B) if—(A) it is a tribe subject to the law enforcement jurisdiction of a State under section 1162 of title 18; (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) NonduplicationA 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 agreementsA 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.

34 U.S.C. § 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.

34 U.S.C. § 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 section 20914 of this title to be included in the National Sex Offender Registry and the Dru Sjodin National Sex Offender Public Website regarding persons— (1)(A) released from military corrections facilities; or (B) convicted if the sentences adjudged by courts-martial under chapter 47 of title 10 (the Uniform Code of Military Justice) do not include confinement; and (2) required to register under this subchapter.

34 U.S.C. § 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.

34 U.S.C. § 20941 Federal assistance with respect to violations of registration requirements

(a) In generalThe 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 section 566(e)(1)(B) of title 28, a sex offender who violates a sex offender registration requirement shall be deemed a fugitive. (b) Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary for fiscal years 2007 through 2009 to implement this section.

34 U.S.C. § 20942 Project Safe Childhood

(a) DefinitionsIn this section:(1) Child sexual abuse materialThe term “child sexual abuse material” has the meaning given the term “child pornography” in section 2256 of title 18. (2) Child sexual exploitation offenseThe term “child sexual exploitation offense” means—(A)(i) an offense involving a minor under section 1591 or chapter 117 of title 18; (ii) an offense under subsection (a), (b), or (c) of section 2251 of title 18; (iii) an offense under section 2251A or 2252A(g) of title 18; or (iv) any attempt or conspiracy to commit an offense described in clause (i) or (ii); or (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (3) Circle of trust offenderThe term “circle of trust offender” means an offender who is related to, or in a position of trust, authority, or supervisory control with respect to, a child. (4) ComputerThe term “computer” has the meaning given the term in section 1030 of title 18. (5) Contact sexual offenseThe term “contact sexual offense” means—(A) an offense involving a minor under chapter 109A of title 18, or any attempt or conspiracy to commit such an offense; or (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (6) Dual offenderThe term “dual offender” means—(A) a person who commits—(i) a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; and (ii) a contact sexual offense; and (B) without regard to whether the offenses described in clauses (i) and (ii) of subparagraph (A)—(i) are committed as part of the same course of conduct; or (ii) involve the same victim. (7) FacilitatorThe term “facilitator” means an individual who facilitates the commission by another individual of—(A) a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; or (B) a contact sexual offense. (8) ICAC affiliate partnerThe term “ICAC affiliate partner” means a law enforcement agency that has entered into a formal operating agreement with the ICAC Task Force Program. (9) ICAC task forceThe term “ICAC task force” means a task force that is part of the ICAC Task Force Program. (10) ICAC Task Force ProgramThe term “ICAC Task Force Program” means the National Internet Crimes Against Children Task Force Program established under section 21112 of this title. (11) Offense involving child sexual abuse materialThe term “offense involving child sexual abuse material” means—(A) an offense under section 2251(d), section 2252, or paragraphs (1) through (6) of section 2252A(a) of title 18, or any attempt or conspiracy to commit such an offense; or (B) an offense under a State or Tribal statute that is similar to a provision described in subparagraph (A). (12) Serious offenderThe term “serious offender” means—(A) an offender who has committed a contact sexual offense or child sexual exploitation offense; (B) a dual offender, circle of trust offender, or facilitator; or (C) an offender with a prior conviction for a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material. (13) StateThe term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (14) Technology-facilitatedThe term “technology-facilitated”, with respect to an offense, means an offense that is committed through the use of a computer, even if the use of a computer is not an element of the offense. (b) Establishment of programThe Attorney General shall create and maintain a nationwide initiative to align Federal, State, and local entities to combat the growing epidemic of online child sexual exploitation and abuse, to be known as the “Project Safe Childhood program”, in accordance with this section. (c) Best practicesThe Attorney General, in coordination with the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice and the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, and in consultation with training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General and with appropriate nongovernmental organizations, shall—(1) develop best practices to adopt a balanced approach to the investigation of suspect leads involving contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenses, prioritizing when feasible the identification of a child victim or a serious offender, which approach shall incorporate the use of—(A) proactively generated leads, including leads generated by current and emerging technology; (B) in-district investigative referrals; and (C) CyberTipline reports from the National Center for Missing and Exploited Children; (2) develop best practices to be used by each United States Attorney and ICAC task force to assess the likelihood that an individual could be a serious offender or that a child victim may be identified; (3) develop and implement a tracking and communication system for Federal, State, and local law enforcement agencies and prosecutor’s offices to report successful cases of victim identification and child rescue to the Department of Justice and the public; and (4) encourage the submission of all lawfully seized visual depictions to the Child Victim Identification Program of the National Center for Missing and Exploited Children. (d) ImplementationExcept as authorized under subsection (e), funds authorized under this section may only be used for the following 4 purposes:(1) Integrated Federal, State, and local efforts to investigate and prosecute contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, including—(A) the partnership by each United States Attorney with each Internet Crimes Against Children Task Force within the district of such attorney; (B) training of Federal, State, and local law enforcement officers and prosecutors through—(i) programs facilitated by the ICAC Task Force Program; (ii) ICAC training programs supported by the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice; (iii) programs facilitated by appropriate nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to serious offenders, contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; and (iv) any other program that provides training—(I) on the investigation and identification of serious offenders or victims of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; or (II) that specifically addresses the use of existing and emerging technologies to commit or facilitate contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; (C) the development by each United States Attorney of a district-specific strategic plan to coordinate with State and local law enforcement agencies and prosecutor’s offices, including ICAC task forces and their ICAC affiliate partners, on the investigation of suspect leads involving serious offenders, contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenders and offenses, which plan—(i) shall include—(I) the use of the best practices developed under paragraphs (1) and (2) of subsection (c); (II) the development of plans and protocols to target and rapidly investigate cases involving potential serious offenders or the identification and rescue of a victim of a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material; (III) the use of training and technical assistance programs to incorporate victim-centered, trauma-informed practices in cases involving victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, which may include the use of child protective services, children’s advocacy centers, victim support specialists, or other supportive services; (IV) the development of plans to track, report, and clearly communicate successful cases of victim identification and child rescue to the Department of Justice and the public; (V) an analysis of the investigative and forensic capacity of law enforcement agencies and prosecutor’s offices within the district, and goals for improving capacity and effectiveness; (VI) a written policy describing the criteria for referrals for prosecution from Federal, State, or local law enforcement agencies, particularly when the investigation may involve a potential serious offender or the identification or rescue of a child victim; (VII) plans and budgets for training of relevant personnel on contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material; (VIII) plans for coordination and cooperation with State, local, and Tribal law enforcement agencies and prosecutorial offices; and (IX) evidence-based programs that educate the public about and increase awareness of such offenses; and (ii) shall be developed in consultation, as appropriate, with—(I) the local ICAC task force; (II) the United States Marshals Service Sex Offender Targeting Center; (III) training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General; (IV) nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; (V) any relevant component of Homeland Security Investigations; (VI) any relevant component of the Federal Bureau of Investigation; (VII) the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice; (VIII) the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (IX) the United States Postal Inspection Service; (X) the United States Secret Service; and (XI) each military criminal investigation organization of the Department of Defense; and (D) a quadrennial assessment by each United States Attorney of the investigations within the district of such attorney of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material—(i) with consideration of—(I) the variety of sources for leads; (II) the proportion of work involving proactive or undercover law enforcement investigations; (III) the number of serious offenders identified and prosecuted; and (IV) the number of children identified or rescued; and (ii) information from which may be used by the United States Attorney, as appropriate, to revise the plan described in subparagraph (C). (2) Major case coordination by the Department of Justice (or other Federal agencies as appropriate), including specific cooperation, as appropriate, with—(A) the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (B) any relevant component of Homeland Security Investigations; (C) any relevant component of the Federal Bureau of Investigation; (D) the ICAC task forces and ICAC affiliate partners; (E) the United States Marshals Service, including the Sex Offender Targeting Center; (F) the United States Postal Inspection Service; (G) the United States Secret Service; (H) each Military Criminal Investigation Organization of the Department of Defense; and (I) any task forces established in connection with the Project Safe Childhood program set forth under subsection (b). (3) Increased Federal involvement in, and commitment to, the prevention and prosecution of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material by—(A) using technology to identify victims and serious offenders; (B) developing processes and tools to identify victims and offenders; and (C) taking measures to improve information sharing among Federal law enforcement agencies, including for the purposes of implementing the plans and protocols described in paragraph (1)(C)(i)(II) to identify and rescue—(i) victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material; or (ii) victims of serious offenders. (4) The establishment, development, and implementation of a nationally coordinated “Safer Internet Day” every year developed in collaboration with the Department of Education, national and local internet safety organizations, parent organizations, social media companies, and schools to provide—(A) national public awareness and evidence-based educational programs about the threats posed by circle of trust offenders and the threat of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material, and the use of technology to facilitate those offenses; (B) information to parents and children about how to avoid or prevent technology-facilitated child sexual exploitation offenses; and (C) information about how to report possible technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material through—(i) the National Center for Missing and Exploited Children; (ii) the ICAC Task Force Program; and (iii) any other program that—(I) raises national awareness about the threat of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material; and (II) provides information to parents and children seeking to report possible violations of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material. (e) Expansion of Project Safe ChildhoodNotwithstanding subsection (d), funds authorized under this section may be also be 11 So in original. used for the following purposes:(1) The addition of not less than 20 Assistant United States Attorneys at the Department of Justice, relative to the number of such positions as of the day before December 23, 2024, who shall be—(A) dedicated to the prosecution of cases in connection with the Project Safe Childhood program set forth under subsection (b); and (B) responsible for assisting and coordinating the plans and protocols of each district under subsection (d)(1)(C)(i)(II). (2) Such other additional and related purposes as the Attorney General determines appropriate. (f) Authorization of appropriations(1) In generalFor the purpose of carrying out this section, there are authorized to be appropriated—(A) for the activities described under paragraphs (1), (2), and (3) of subsection (d), $28,550,000 for each of fiscal years 2023 through 2028; (B) for the activities described under subsection (d)(4), $4,000,000 for each of fiscal years 2023 through 2028; and (C) for the activities described under subsection (e), $29,100,000 for each of fiscal years 2023 through 2028. (2) Supplement, not supplantAmounts made available to State and local agencies, programs, and services under this section shall supplement, and not supplant, other Federal, State, or local funds made available for those agencies, programs, and services.

34 U.S.C. § 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.

34 U.S.C. § 20944 Expansion of training and technology efforts

(a) TrainingThe 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) TechnologyThe 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) ReportNot later than July 1, 2007, the Attorney General,11 So in original. The comma probably should not appear. 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 appropriationsThere 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).

34 U.S.C. § 20945 Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking

(a) EstablishmentThere 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) DirectorThe 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 functionsThe 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.

34 U.S.C. § 20961 Access to national crime information databases

(a) In generalNotwithstanding any other provision of law, the Attorney General shall ensure access to the national crime information databases (as defined in section 534 of title 28) by—(1) the National Center for Missing and Exploited Children, to be used only within the scope of the Center’s duties and responsibilities under Federal law to assist or support law enforcement agencies in administration of criminal justice functions; and (2) governmental social service agencies with child protection responsibilities, to be used by such agencies only in investigating or responding to reports of child abuse, neglect, or exploitation. (b) Conditions of accessThe 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.

34 U.S.C. § 20962 Schools SAFE Act

(a) Short titleThis section may be cited as the “Schools Safely Acquiring Faculty Excellence Act of 2006”. (b) In generalThe 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 section 534(f)(3)(A) of title 28) pursuant to a request submitted by—(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 [42 U.S.C. 671(a)(20)] on individuals under consideration as prospective foster or adoptive parents; or (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 checkWhere possible, the check shall include a fingerprint-based check of State criminal history databases. (d) FeesThe Attorney General and the States may charge any applicable fees for the checks. (e) Protection of informationAn 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 penaltiesAn 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 definedIn 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 [42 U.S.C. 620 et seq., 670 et seq.]; and (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 termsIn this section, the terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meanings given to those terms in section 7801 of title 20.

34 U.S.C. § 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.

34 U.S.C. § 20902 Establishment of program

This chapter establishes the Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification Program.

34 U.S.C. § 20903 Tribal registry

(1) EstablishmentThe 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 appropriationsThere 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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