Part A - Sex Offender Registration and Notification

42 USC 16911 - 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 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))1 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 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 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) 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 section 1152 or 1153 of title 18) under section 1591, or chapter 109section 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 105119 (10 U.S.C. 951 note ); or
(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 section 16912 of this title.
(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 Public Law 105119 (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 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 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 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 section 2241 of title 18), or was an attempt or conspiracy to commit such an offense.
(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 section 16927 of this title, a federally recognized Indian tribe.
(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 individuals 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.
[1] So in original. The second closing parenthesis probably should follow “18”.

42 USC 16912 - 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.

42 USC 16913 - 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.

42 USC 16914 - 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) 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 drivers license or identification card issued to the sex offender by a jurisdiction.
(8) Any other information required by the Attorney General.

42 USC 16915 - 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 title, 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.
[1] So in original. The word “of” probably should not appear.

42 USC 16916 - 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.

42 USC 16917 - 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).

42 USC 16918 - 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.

42 USC 16919 - 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 jurisdictions 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.

42 USC 16920 - 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 jurisdictions 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.

42 USC 16921 - 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 section 5119a 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) 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.

42 USC 16922 - 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 jurisdictions 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.

42 USC 16923 - 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 section 16921 of this title.
(c) Deadline 
The Attorney General shall make the first complete edition of this software available to jurisdictions within 2 years of July 27, 2006.

42 USC 16924 - 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 section 16923 of this title is available.
(b) Extensions 
The Attorney General may authorize up to two 1-year extensions of the deadline.

42 USC 16925 - 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 (42 U.S.C. 3750 et seq.).
(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 jurisdictions 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 jurisdictions constitution. In considering whether compliance with the requirements of this subchapter would likely violate the jurisdictions constitution or an interpretation thereof by the jurisdictions highest court, the Attorney General shall consult with the chief executive and chief legal officer of the jurisdiction concerning the jurisdictions interpretation of the jurisdictions constitution and rulings thereon by the jurisdictions highest court.
(3) Alternative procedures 
If the jurisdiction is unable to substantially implement this subchapter because of a limitation imposed by the jurisdictions 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[1] 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.
[1] So in original. Probably should be followed by a comma.

42 USC 16926 - 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.

42 USC 16927 - 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 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) 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 tribes 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 tribes jurisdiction.

42 USC 16928 - 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.

42 USC 16929 - 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.