-CITE- 42 USC CHAPTER 151 - CHILD PROTECTION AND SAFETY 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY -HEAD- CHAPTER 151 - CHILD PROTECTION AND SAFETY -MISC1- SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Sec. 16901. Declaration of purpose. 16902. Establishment of program. PART A - SEX OFFENDER REGISTRATION AND NOTIFICATION 16911. Relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators. 16912. Registry requirements for jurisdictions. 16913. Registry requirements for sex offenders. 16914. Information required in registration. 16915. Duration of registration requirement. 16916. Periodic in person verification. 16917. Duty to notify sex offenders of registration requirements and to register. 16918. Public access to sex offender information through the Internet. 16919. National Sex Offender Registry. 16920. Dru Sjodin National Sex Offender Public Website. 16921. Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification Program. 16922. Actions to be taken when sex offender fails to comply. 16923. Development and availability of registry management and website software. 16924. Period for implementation by jurisdictions. 16925. Failure of jurisdiction to comply. 16926. Sex Offender Management Assistance (SOMA) program. 16927. Election by Indian tribes. 16928. Registration of sex offenders entering the United States. 16929. Immunity for good faith conduct. PART B - IMPROVING FEDERAL CRIMINAL LAW ENFORCEMENT TO ENSURE SEX OFFENDER COMPLIANCE WITH REGISTRATION AND NOTIFICATION REQUIREMENTS AND PROTECTION OF CHILDREN FROM VIOLENT PREDATORS 16941. Federal assistance with respect to violations of registration requirements. 16942. Project Safe Childhood. 16943. Federal assistance in identification and location of sex offenders relocated as a result of a major disaster. 16944. Expansion of training and technology efforts. 16945. Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. PART C - ACCESS TO INFORMATION AND RESOURCES NEEDED TO ENSURE THAT CHILDREN ARE NOT ATTACKED OR ABUSED 16961. Access to national crime information databases. 16962. Schools Safe Act. SUBCHAPTER II - CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS 16971. Jimmy Ryce State civil commitment programs for sexually dangerous persons. SUBCHAPTER III - GRANTS AND OTHER PROVISIONS 16981. Pilot program for monitoring sexual offenders. 16982. Assistance for prosecution of cases cleared through use of DNA backlog clearance funds. 16983. Grants to combat sexual abuse of children. 16984. Grants for fingerprinting programs for children. 16985. Grants for Rape, Abuse & Incest National Network. 16986. Children's safety online awareness campaigns. 16987. Grants for online child safety programs. 16988. Jessica Lunsford Address Verification Grant Program. 16989. Fugitive Safe Surrender. 16990. National registry of substantiated cases of child abuse. 16991. Annual report on enforcement of registration requirements. -End- -CITE- 42 USC SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION -HEAD- SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION -End- -CITE- 42 USC Sec. 16901 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION -HEAD- Sec. 16901. Declaration of purpose -STATUTE- 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. -SOURCE- (Pub. L. 109-248, title I, Sec. 102, July 27, 2006, 120 Stat. 590.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 109-248, July 27, 2006, 120 Stat. 587, known as the Adam Walsh Child Protection and Safety Act of 2006. For complete classification of this Act to the Code, see Short Title note set out below and Tables. -MISC1- SHORT TITLE Pub. L. 109-248, Sec. 1(a), July 27, 2006, 120 Stat. 587, provided that: "This Act [enacting this chapter, sections 3765, 3797ee, and 3797ee-1 of this title, chapter 109B and sections 2252C, 2257A, 2260A, 3299, and 4248 of Title 18, Crimes and Criminal Procedure, amending sections 671, 5772, 5780, 13032, and 14135a of this title, section 1101 of Title 8, Aliens and Nationality, sections 1001, 1153, 1154, 1201, 1227, 1466, 1467, 1591, 2241, 2242, 2243, 2244, 2245, 2251, 2252, 2252A, 2252B, 2253, 2254, 2255, 2257, 2258, 2260, 2422, 2423, 3142, 3509, 3559, 3563, 3583, 3592, 3621, 3771, 4042, 4209, 4241, and 4247 of Title 18, section 841 of Title 21, Food and Drugs, section 534 of Title 28, Judiciary and Judicial Procedure, repealing sections 14071 to 14073 of this title, enacting provisions set out as notes under sections 671, 5611, 13701, and 14071 of this title, sections 2251 and 2257 of Title 18, and provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, and amending provisions set out as notes under section 13751 of this title and section 951 of Title 10, Armed Forces] may be cited as the 'Adam Walsh Child Protection and Safety Act of 2006'." Pub. L. 109-248, title I, Sec. 101, July 27, 2006, 120 Stat. 590, provided that: "This title [enacting this subchapter and chapter 109B of Title 18, Crimes and Criminal Procedure, amending sections 671, 5772, 5780, 13032, and 14135a of this title, sections 1001, 3563, 3583, 4042, and 4209 of Title 18, and section 534 of Title 28, Judiciary and Judicial Procedure, repealing sections 14071 to 14073 of this title, enacting provisions set out as notes under sections 671 and 14071 of this title and provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, and amending provisions set out as a note under section 951 of Title 10, Armed Forces] may be cited as the 'Sex Offender Registration and Notification Act'." -End- -CITE- 42 USC Sec. 16902 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION -HEAD- Sec. 16902. Establishment of program -STATUTE- This chapter establishes the Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification Program. -SOURCE- (Pub. L. 109-248, title I, Sec. 103, July 27, 2006, 120 Stat. 591.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 109-248, July 27, 2006, 120 Stat. 587, known as the Adam Walsh Child Protection and Safety Act of 2006. For complete classification of this Act to the Code, see Short Title note set out under section 16901 of this title and Tables. -End- -CITE- 42 USC Part A - Sex Offender Registration and Notification 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- PART A - SEX OFFENDER REGISTRATION AND NOTIFICATION -End- -CITE- 42 USC Sec. 16911 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16911. Relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predators -STATUTE- 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 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 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 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 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 individual's home or other place where the individual habitually lives. (14) Minor The term "minor" means an individual who has not attained the age of 18 years. -SOURCE- (Pub. L. 109-248, title I, Sec. 111, July 27, 2006, 120 Stat. 591.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 109-248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables. -FOOTNOTE- (!1) So in original. The second closing parenthesis probably should follow "18". -End- -CITE- 42 USC Sec. 16912 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16912. Registry requirements for jurisdictions -STATUTE- (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. -SOURCE- (Pub. L. 109-248, title I, Sec. 112, July 27, 2006, 120 Stat. 593.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 109-248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables. -End- -CITE- 42 USC Sec. 16913 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16913. Registry requirements for sex offenders -STATUTE- (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. -SOURCE- (Pub. L. 109-248, title I, Sec. 113, July 27, 2006, 120 Stat. 593.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in subsecs. (d) and (e), was in the original "this title", meaning title I of Pub. L. 109-248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables. This chapter, referred to in subsec. (d), was in the original "this Act", meaning Pub. L. 109-248, July 27, 2006, 120 Stat. 587, known as the Adam Walsh Child Protection and Safety Act of 2006, which was approved July 27, 2006. For complete classification of this Act to the Code, see Short Title note set out under section 16901 of this title and Tables. -End- -CITE- 42 USC Sec. 16914 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16914. Information required in registration -STATUTE- (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 driver's license or identification card issued to the sex offender by a jurisdiction. (8) Any other information required by the Attorney General. -SOURCE- (Pub. L. 109-248, title I, Sec. 114, July 27, 2006, 120 Stat. 594.) -End- -CITE- 42 USC Sec. 16915 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16915. Duration of registration requirement -STATUTE- (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. -SOURCE- (Pub. L. 109-248, title I, Sec. 115, July 27, 2006, 120 Stat. 595.) -FOOTNOTE- (!1) So in original. The word "of" probably should not appear. -End- -CITE- 42 USC Sec. 16916 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16916. Periodic in person verification -STATUTE- 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. -SOURCE- (Pub. L. 109-248, title I, Sec. 116, July 27, 2006, 120 Stat. 595.) -End- -CITE- 42 USC Sec. 16917 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16917. Duty to notify sex offenders of registration requirements and to register -STATUTE- (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). -SOURCE- (Pub. L. 109-248, title I, Sec. 117, July 27, 2006, 120 Stat. 595.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in subsec. (a)(1), was in the original "this title", meaning title I of Pub. L. 109-248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables. -End- -CITE- 42 USC Sec. 16918 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16918. Public access to sex offender information through the Internet -STATUTE- (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. -SOURCE- (Pub. L. 109-248, title I, Sec. 118, July 27, 2006, 120 Stat. 596.) -End- -CITE- 42 USC Sec. 16919 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16919. National Sex Offender Registry -STATUTE- (a) Internet The Attorney General shall maintain a national database at the Federal Bureau of Investigation for each sex offender and any other person required to register in a jurisdiction's sex offender registry. The database shall be known as the National Sex Offender Registry. (b) Electronic forwarding The Attorney General shall ensure (through the National Sex Offender Registry or otherwise) that updated information about a sex offender is immediately transmitted by electronic forwarding to all relevant jurisdictions. -SOURCE- (Pub. L. 109-248, title I, Sec. 119, July 27, 2006, 120 Stat. 596.) -End- -CITE- 42 USC Sec. 16920 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16920. Dru Sjodin National Sex Offender Public Website -STATUTE- (a) Establishment There is established the Dru Sjodin National Sex Offender Public Website (hereinafter in this section referred to as the "Website"), which the Attorney General shall maintain. (b) Information to be provided The Website shall include relevant information for each sex offender and other person listed on a jurisdiction's Internet site. The Website shall allow the public to obtain relevant information for each sex offender by a single query for any given zip code or geographical radius set by the user in a form and with such limitations as may be established by the Attorney General and shall have such other field search capabilities as the Attorney General may provide. -SOURCE- (Pub. L. 109-248, title I, Sec. 120, July 27, 2006, 120 Stat. 597.) -End- -CITE- 42 USC Sec. 16921 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16921. Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification Program -STATUTE- (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. -SOURCE- (Pub. L. 109-248, title I, Sec. 121, July 27, 2006, 120 Stat. 597.) -End- -CITE- 42 USC Sec. 16922 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16922. Actions to be taken when sex offender fails to comply -STATUTE- 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. -SOURCE- (Pub. L. 109-248, title I, Sec. 122, July 27, 2006, 120 Stat. 597.) -End- -CITE- 42 USC Sec. 16923 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16923. Development and availability of registry management and website software -STATUTE- (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. -SOURCE- (Pub. L. 109-248, title I, Sec. 123, July 27, 2006, 120 Stat. 598.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in subsec. (b)(3), was in the original "this title", meaning title I of Pub. L. 109-248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables. -End- -CITE- 42 USC Sec. 16924 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16924. Period for implementation by jurisdictions -STATUTE- (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. -SOURCE- (Pub. L. 109-248, title I, Sec. 124, July 27, 2006, 120 Stat. 598.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in subsec. (a), was in the original "this title", meaning title I of Pub. L. 109-248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables. -End- -CITE- 42 USC Sec. 16925 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16925. Failure of jurisdiction to comply -STATUTE- (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 jurisdiction's highest court. (2) Efforts If the circumstances arise under paragraph (1), then the Attorney General and the jurisdiction shall make good faith efforts to accomplish substantial implementation of this subchapter and to reconcile any conflicts between this subchapter and the jurisdiction's constitution. In considering whether compliance with the requirements of this subchapter would likely violate the jurisdiction's constitution or an interpretation thereof by the jurisdiction's highest court, the Attorney General shall consult with the chief executive and chief legal officer of the jurisdiction concerning the jurisdiction's interpretation of the jurisdiction's constitution and rulings thereon by the jurisdiction's highest court. (3) Alternative procedures If the jurisdiction is unable to substantially implement this subchapter because of a limitation imposed by the jurisdiction's constitution, the Attorney General may determine that the jurisdiction is in compliance with this chapter if the jurisdiction has made, or is in the process of implementing (!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. -SOURCE- (Pub. L. 109-248, title I, Sec. 125, July 27, 2006, 120 Stat. 598.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 109-248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables. The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (a), is Pub. L. 90-351, June 19, 1968, 82 Stat. 197. Subpart 1 of part E of title I of the Act is classified generally to part A (Sec. 3750 et seq.) of subchapter V of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3711 of this title and Tables. This chapter, referred to in subsec. (b)(3), was in the original "this Act", meaning Pub. L. 109-248, July 27, 2006, 120 Stat. 587, known as the Adam Walsh Child Protection and Safety Act of 2006. For complete classification of this Act to the Code, see Short Title note set out under section 16901 of this title and Tables. -FOOTNOTE- (!1) So in original. Probably should be followed by a comma. -End- -CITE- 42 USC Sec. 16926 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16926. Sex Offender Management Assistance (SOMA) program -STATUTE- (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. -SOURCE- (Pub. L. 109-248, title I, Sec. 126, July 27, 2006, 120 Stat. 599.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in subsecs. (a) and (c), was in the original "this title", meaning title I of Pub. L. 109-248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables. -End- -CITE- 42 USC Sec. 16927 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16927. Election by Indian tribes -STATUTE- (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 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. -SOURCE- (Pub. L. 109-248, title I, Sec. 127, July 27, 2006, 120 Stat. 599.) -REFTEXT- REFERENCES IN TEXT This part, referred to in text, was in the original "this subtitle", meaning subtitle A (Secs. 111-131) of title I of Pub. L. 109-248, July 27, 2006, 120 Stat. 591, which is classified principally to this part. For complete classification of subtitle A to the Code, see Tables. -End- -CITE- 42 USC Sec. 16928 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16928. Registration of sex offenders entering the United States -STATUTE- 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. -SOURCE- (Pub. L. 109-248, title I, Sec. 128, July 27, 2006, 120 Stat. 600.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 109-248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables. -End- -CITE- 42 USC Sec. 16929 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part A - Sex Offender Registration and Notification -HEAD- Sec. 16929. Immunity for good faith conduct -STATUTE- 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. -SOURCE- (Pub. L. 109-248, title I, Sec. 131, July 27, 2006, 120 Stat. 601.) -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in text, was in the original "this title", meaning title I of Pub. L. 109-248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables. -End- -CITE- 42 USC Part B - Improving Federal Criminal Law Enforcement To Ensure Sex Offender Compliance With Registration and Notification Requirements and Protection of Children From Violent Predators 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part B - Improving Federal Criminal Law Enforcement To Ensure Sex Offender Compliance With Registration and Notification Requirements and Protection of Children From Violent Predators -HEAD- PART B - IMPROVING FEDERAL CRIMINAL LAW ENFORCEMENT TO ENSURE SEX OFFENDER COMPLIANCE WITH REGISTRATION AND NOTIFICATION REQUIREMENTS AND PROTECTION OF CHILDREN FROM VIOLENT PREDATORS -End- -CITE- 42 USC Sec. 16941 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part B - Improving Federal Criminal Law Enforcement To Ensure Sex Offender Compliance With Registration and Notification Requirements and Protection of Children From Violent Predators -HEAD- Sec. 16941. Federal assistance with respect to violations of registration requirements -STATUTE- (a) In general The Attorney General shall use the resources of Federal law enforcement, including the United States Marshals Service, to assist jurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements. For the purposes of 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 appropriations There are authorized to be appropriated such sums as may be necessary for fiscal years 2007 through 2009 to implement this section. -SOURCE- (Pub. L. 109-248, title I, Sec. 142, July 27, 2006, 120 Stat. 604.) -End- -CITE- 42 USC Sec. 16942 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part B - Improving Federal Criminal Law Enforcement To Ensure Sex Offender Compliance With Registration and Notification Requirements and Protection of Children From Violent Predators -HEAD- Sec. 16942. Project Safe Childhood -STATUTE- (a) Establishment of program Not later than 6 months after July 27, 2006, the Attorney General shall create and maintain a Project Safe Childhood program in accordance with this section. (b) Initial implementation Except as authorized under subsection (c), funds authorized under this section may only be used for the following 5 purposes: (1) Integrated Federal, State, and local efforts to investigate and prosecute child exploitation cases, including - (A) the partnership by each United States Attorney with each Internet Crimes Against Children Task Force that is a part of the Internet Crimes Against Children Task Force Program authorized and funded under title IV of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5771 et seq.) (referred to in this section as the "ICAC Task Force Program") that exists within the district of such attorney; (B) the partnership by each United States Attorney with other Federal, State, and local law enforcement partners working in the district of such attorney to implement the program described in subsection (a); (C) the development by each United States Attorney of a district-specific strategic plan to coordinate the investigation and prosecution of child exploitation crimes; (D) efforts to identify and rescue victims of child exploitation crimes; and (E) local training, educational, and awareness programs of such crimes. (2) Major case coordination by the Department of Justice (or other Federal agencies as appropriate), including specific integration or cooperation, as appropriate, of - (A) the Child Exploitation and Obscenity Section within the Department of Justice; (B) the Innocent Images Unit of the Federal Bureau of Investigation; (C) any task forces established in connection with the Project Safe Childhood program set forth under subsection (a); and (D) the High Tech Investigative Unit within the Criminal Division of the Department of Justice. (3) Increased Federal involvement in child pornography and enticement cases by providing additional investigative tools and increased penalties under Federal law. (4) Training of Federal, State, and local law enforcement through programs facilitated by - (A) the National Center for Missing and Exploited Children; (B) the ICAC Task Force Program; and (C) any other ongoing program regarding the investigation and prosecution of computer-facilitated crimes against children, including training and coordination regarding leads from - (i) Federal law enforcement operations; and (ii) the CyberTipline and Child Victim-Identification programs managed and maintained by the National Center for Missing and Exploited Children. (5) Community awareness and educational programs through partnerships to provide national public awareness and educational programs through - (A) the National Center for Missing and Exploited Children; (B) the ICAC Task Force Program; and (C) any other ongoing programs that - (i) raises (!1) national awareness about the threat of online sexual predators; or (ii) provides (!1) information to parents and children seeking to report possible violations of computer-facilitated crimes against children. (c) Expansion of project safe childhood Notwithstanding subsection (b), funds authorized under this section may be also be (!1) used for the following purposes: (1) The addition of not less than 8 Assistant United States Attorneys at the Department of Justice dedicated to the prosecution of cases in connection with the Project Safe Childhood program set forth under subsection (a). (2) The creation, development, training, and deployment of not less than 10 new Internet Crimes Against Children task forces within the ICAC Task Force Program consisting of Federal, State, and local law enforcement personnel dedicated to the Project Safe Childhood program set forth under subsection (a), and the enhancement of the forensic capacities of existing Internet Crimes Against Children task forces. (3) The development and enhancement by the Federal Bureau of Investigation of the Innocent Images task forces. (4) Such other additional and related purposes as the Attorney General determines appropriate. (d) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated - (1) for the activities described under subsection (b) - (A) $18,000,000 for fiscal year 2007; and (B) such sums as may be necessary for each of the 5 succeeding fiscal years; and (2) for the activities described under subsection (c) - (A) for fiscal year 2007 - (i) $15,000,000 for the activities under paragraph (1); (ii) $10,000,000 for activities under paragraph (2); and (iii) $4,000,000 for activities under paragraph (3); and (B) such sums as may be necessary for each of the 5 succeeding fiscal years. -SOURCE- (Pub. L. 109-248, title I, Sec. 143, July 27, 2006, 120 Stat. 604.) -REFTEXT- REFERENCES IN TEXT The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in subsec. (b)(1)(A), is Pub. L. 93-415, Sept. 7, 1974, 88 Stat. 1109. Title IV of the Act is classified generally to subchapter IV (Sec. 5771 et seq.) of chapter 72 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5601 of this title and Tables. -FOOTNOTE- (!1) So in original. -End- -CITE- 42 USC Sec. 16943 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part B - Improving Federal Criminal Law Enforcement To Ensure Sex Offender Compliance With Registration and Notification Requirements and Protection of Children From Violent Predators -HEAD- Sec. 16943. Federal assistance in identification and location of sex offenders relocated as a result of a major disaster -STATUTE- 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. -SOURCE- (Pub. L. 109-248, title I, Sec. 144, July 27, 2006, 120 Stat. 606.) -End- -CITE- 42 USC Sec. 16944 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part B - Improving Federal Criminal Law Enforcement To Ensure Sex Offender Compliance With Registration and Notification Requirements and Protection of Children From Violent Predators -HEAD- Sec. 16944. Expansion of training and technology efforts -STATUTE- (a) Training The Attorney General shall - (1) expand training efforts with Federal, State, and local law enforcement officers and prosecutors to effectively respond to the threat to children and the public posed by sex offenders who use the Internet and technology to solicit or otherwise exploit children; (2) facilitate meetings involving corporations that sell computer hardware and software or provide services to the general public related to use of the Internet, to identify problems associated with the use of technology for the purpose of exploiting children; (3) host national conferences to train Federal, State, and local law enforcement officers, probation and parole officers, and prosecutors regarding pro-active approaches to monitoring sex offender activity on the Internet; (4) develop and distribute, for personnel listed in paragraph (3), information regarding multidisciplinary approaches to holding offenders accountable to the terms of their probation, parole, and sex offender registration laws; and (5) partner with other agencies to improve the coordination of joint investigations among agencies to effectively combat online solicitation of children by sex offenders. (b) Technology The Attorney General shall - (1) deploy, to all Internet Crimes Against Children Task Forces and their partner agencies, technology modeled after the Canadian Child Exploitation Tracking System; and (2) conduct training in the use of that technology. (c) Report Not later than July 1, 2007, the Attorney General,(!1) shall submit to Congress a report on the activities carried out under this section. The report shall include any recommendations that the Attorney General considers appropriate. (d) Authorization of appropriations There are authorized to be appropriated to the Attorney General, for fiscal year 2007 - (1) $1,000,000 to carry out subsection (a); and (2) $2,000,000 to carry out subsection (b). -SOURCE- (Pub. L. 109-248, title I, Sec. 145, July 27, 2006, 120 Stat. 606.) -FOOTNOTE- (!1) So in original. The comma probably should not appear. -End- -CITE- 42 USC Sec. 16945 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part B - Improving Federal Criminal Law Enforcement To Ensure Sex Offender Compliance With Registration and Notification Requirements and Protection of Children From Violent Predators -HEAD- Sec. 16945. Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking -STATUTE- (a) Establishment There is established within the Department of Justice, under the general authority of the Attorney General, an Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (hereinafter in this section referred to as the "SMART Office"). (b) Director The SMART Office shall be headed by a Director who shall be appointed by the President. The Director shall report to the Attorney General through the Assistant Attorney General for the Office of Justice Programs and shall have final authority for all grants, cooperative agreements, and contracts awarded by the SMART Office. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other arrangement. (c) Duties and functions The SMART Office is authorized to - (1) administer the standards for the sex offender registration and notification program set forth in this chapter; (2) administer grant programs relating to sex offender registration and notification authorized by this chapter and other grant programs authorized by this chapter as directed by the Attorney General; (3) cooperate with and provide technical assistance to States, units of local government, tribal governments, and other public and private entities involved in activities related to sex offender registration or notification or to other measures for the protection of children or other members of the public from sexual abuse or exploitation; and (4) perform such other functions as the Attorney General may delegate. -SOURCE- (Pub. L. 109-248, title I, Sec. 146, July 27, 2006, 120 Stat. 607.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in subsec. (c)(1), (2), was in the original "this Act", meaning Pub. L. 109-248, July 27, 2006, 120 Stat. 587, known as the Adam Walsh Child Protection and Safety Act of 2006. For complete classification of this Act to the Code, see Short Title note set out under section 16901 of this title and Tables. -End- -CITE- 42 USC Part C - Access to Information and Resources Needed To Ensure That Children Are Not Attacked or Abused 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part C - Access to Information and Resources Needed To Ensure That Children Are Not Attacked or Abused -HEAD- PART C - ACCESS TO INFORMATION AND RESOURCES NEEDED TO ENSURE THAT CHILDREN ARE NOT ATTACKED OR ABUSED -End- -CITE- 42 USC Sec. 16961 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part C - Access to Information and Resources Needed To Ensure That Children Are Not Attacked or Abused -HEAD- Sec. 16961. Access to national crime information databases -STATUTE- (a) In general Notwithstanding 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 access The access provided under this section, and associated rules of dissemination, shall be - (1) defined by the Attorney General; and (2) limited to personnel of the Center or such agencies that have met all requirements set by the Attorney General, including training, certification, and background screening. -SOURCE- (Pub. L. 109-248, title I, Sec. 151, July 27, 2006, 120 Stat. 608.) -End- -CITE- 42 USC Sec. 16962 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER I - SEX OFFENDER REGISTRATION AND NOTIFICATION Part C - Access to Information and Resources Needed To Ensure That Children Are Not Attacked or Abused -HEAD- Sec. 16962. Schools Safe Act -STATUTE- (a) Short title This section may be cited as the "Schools Safely Acquiring Faculty Excellence Act of 2006". (b) In general The Attorney General of the United States shall, upon request of the chief executive officer of a State, conduct fingerprint-based checks of the national crime information databases (as defined in 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 check Where possible, the check shall include a fingerprint-based check of State criminal history databases. (d) Fees The Attorney General and the States may charge any applicable fees for the checks. (e) Protection of information An individual having information derived as a result of a check under subsection (b) may release that information only to appropriate officers of child welfare agencies, public or private elementary or secondary schools, or educational agencies or other persons authorized by law to receive that information. (f) Criminal penalties An individual who knowingly exceeds the authority in subsection (b), or knowingly releases information in violation of subsection (e), shall be imprisoned not more than 10 years or fined under title 18, or both. (g) Child welfare agency defined In this section, the term "child welfare agency" means - (1) the State or local agency responsible for administering the plan under part B or part E of title IV of the Social Security Act [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 terms In this section, the terms "elementary school", "local educational agency", "secondary school", and "State educational agency" have the meanings given to those terms in section 7801 of title 20. -SOURCE- (Pub. L. 109-248, title I, Sec. 153, July 27, 2006, 120 Stat. 610.) -REFTEXT- REFERENCES IN TEXT The Social Security Act, referred to in subsec. (g), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Parts B and E of title IV of the Act are classified generally to part B (Sec. 620 et seq.) and part E (Sec. 670 et seq.), respectively, of subchapter IV of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. -COD- CODIFICATION Section is comprised of section 153 of Pub. L. 109-248. Subsec. (i) of section 153 of Pub. L. 109-248 amended section 534 of Title 28, Judiciary and Judicial Procedure. -End- -CITE- 42 USC SUBCHAPTER II - CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER II - CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS -HEAD- SUBCHAPTER II - CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS -End- -CITE- 42 USC Sec. 16971 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER II - CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS -HEAD- Sec. 16971. Jimmy Ryce State civil commitment programs for sexually dangerous persons -STATUTE- (a) Grants authorized Except as provided in subsection (b), the Attorney General shall make grants to jurisdictions for the purpose of establishing, enhancing, or operating effective civil commitment programs for sexually dangerous persons. (b) Limitation The Attorney General shall not make any grant under this section for the purpose of establishing, enhancing, or operating any transitional housing for a sexually dangerous person in or near a location where minors or other vulnerable persons are likely to come into contact with that person. (c) Eligibility (1) In general To be eligible to receive a grant under this section, a jurisdiction shall, before the expiration of the compliance period - (A) have established a civil commitment program for sexually dangerous persons that is consistent with guidelines issued by the Attorney General; or (B) submit a plan for the establishment of such a program. (2) Compliance period The compliance period referred to in paragraph (1) expires on the date that is 2 years after July 27, 2006. However, the Attorney General may, on a case-by-case basis, extend the compliance period that applies to a jurisdiction if the Attorney General considers such an extension to be appropriate. (3) Release notice (A) Each civil commitment program for which funding is required under this section shall require the issuance of timely notice to a State official responsible for considering whether to pursue civil commitment proceedings upon the impending release of any person incarcerated by the State who - (i) has been convicted of a sexually violent offense; or (ii) has been deemed by the State to be at high risk for recommitting any sexual offense against a minor. (B) The program shall further require that upon receiving notice under subparagraph (A), the State official shall consider whether or not to pursue a civil commitment proceeding, or any equivalent proceeding required under State law. (d) Attorney General reports Not later than January 31 of each year, beginning with 2008, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of jurisdictions in implementing this section and the rate of sexually violent offenses for each jurisdiction. (e) Definitions As used in this section: (1) The term "civil commitment program" means a program that involves - (A) secure civil confinement, including appropriate control, care, and treatment during such confinement; and (B) appropriate supervision, care, and treatment for individuals released following such confinement. (2) The term "sexually dangerous person" means a person suffering from a serious mental illness, abnormality, or disorder, as a result of which the individual would have serious difficulty in refraining from sexually violent conduct or child molestation. (3) The term "jurisdiction" has the meaning given such term in section 16911 of this title. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2007 through 2010. -SOURCE- (Pub. L. 109-248, title III, Sec. 301, July 27, 2006, 120 Stat. 617.) -End- -CITE- 42 USC SUBCHAPTER III - GRANTS AND OTHER PROVISIONS 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER III - GRANTS AND OTHER PROVISIONS -HEAD- SUBCHAPTER III - GRANTS AND OTHER PROVISIONS -End- -CITE- 42 USC Sec. 16981 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER III - GRANTS AND OTHER PROVISIONS -HEAD- Sec. 16981. Pilot program for monitoring sexual offenders -STATUTE- (a) Sex offender monitoring program (1) Grants authorized (A) In general The Attorney General is authorized to award grants (referred to as "Jessica Lunsford and Sarah Lunde Grants") to States, local governments, and Indian tribal governments to assist in - (i) carrying out programs to outfit sex offenders with electronic monitoring units; and (ii) the employment of law enforcement officials necessary to carry out such programs. (B) Duration The Attorney General shall award grants under this section for a period not to exceed 3 years. (C) Minimum standards The electronic monitoring units used in the pilot program shall at a minimum - (i) provide a single-unit tracking device for each offender that - (I) contains a central processing unit with global positioning system and cellular technology in a single unit; and (II) provides two- and three-way voice communication; and (ii) permit active, real-time, and continuous monitoring of offenders 24 hours a day. (2) Application (A) In general Each State, local government, or Indian tribal government desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. (B) Contents Each application submitted pursuant to subparagraph (A) shall - (i) describe the activities for which assistance under this section is sought; and (ii) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section. (b) Innovation In making grants under this section, the Attorney General shall ensure that different approaches to monitoring are funded to allow an assessment of effectiveness. (c) Authorization of appropriations (1) In general There are authorized to be appropriated $5,000,000 for each of the fiscal years 2007 through 2009 to carry out this section. (2) Report Not later than September 1, 2010, the Attorney General shall report to Congress - (A) assessing the effectiveness and value of this section; (B) comparing the cost effectiveness of the electronic monitoring to reduce sex offenses compared to other alternatives; and (C) making recommendations for continuing funding and the appropriate levels for such funding. -SOURCE- (Pub. L. 109-248, title VI, Sec. 621, July 27, 2006, 120 Stat. 633.) -End- -CITE- 42 USC Sec. 16982 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER III - GRANTS AND OTHER PROVISIONS -HEAD- Sec. 16982. Assistance for prosecution of cases cleared through use of DNA backlog clearance funds -STATUTE- (a) In general The Attorney General may make grants to train and employ personnel to help prosecute cases cleared through use of funds provided for DNA backlog elimination. (b) Authorization There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2007 through 2011 to carry out this section. -SOURCE- (Pub. L. 109-248, title VI, Sec. 624, July 27, 2006, 120 Stat. 636.) -End- -CITE- 42 USC Sec. 16983 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER III - GRANTS AND OTHER PROVISIONS -HEAD- Sec. 16983. Grants to combat sexual abuse of children -STATUTE- (a) In general The Bureau of Justice Assistance is authorized to make grants under this section - (1) to any law enforcement agency that serves a jurisdiction with 50,000 or more residents; and (2) to any law enforcement agency that serves a jurisdiction with fewer than 50,000 residents, upon a showing of need. (b) Use of grant amounts Grants under this section may be used by the law enforcement agency to - (1) hire additional law enforcement personnel or train existing staff to combat the sexual abuse of children through community education and outreach, investigation of complaints, enforcement of laws relating to sex offender registries, and management of released sex offenders; (2) investigate the use of the Internet to facilitate the sexual abuse of children; and (3) purchase computer hardware and software necessary to investigate sexual abuse of children over the Internet, access local, State, and Federal databases needed to apprehend sex offenders, and facilitate the creation and enforcement of sex offender registries. (c) Criteria The Attorney General shall give priority to law enforcement agencies making a showing of need. (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for fiscal years 2007 through 2009 to carry out this section. -SOURCE- (Pub. L. 109-248, title VI, Sec. 625, July 27, 2006, 120 Stat. 636.) -End- -CITE- 42 USC Sec. 16984 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER III - GRANTS AND OTHER PROVISIONS -HEAD- Sec. 16984. Grants for fingerprinting programs for children -STATUTE- (a) In general The Attorney General shall establish and implement a program under which the Attorney General may make grants to States, units of local government, and Indian tribal governments in accordance with this section. (b) Use of grant amounts A grant made to a State, unit of local government, or Indian tribal government under subsection (a) shall be distributed to law enforcement agencies within the jurisdiction of such State, unit, or tribal government to be used for any of the following activities: (1) To establish a voluntary fingerprinting program for children, which may include the taking of palm prints of children. (2) To hire additional law enforcement personnel, or train existing law enforcement personnel, to take fingerprints of children. (3) To provide information within the community involved about the existence of such a fingerprinting program. (4) To provide for computer hardware, computer software, or other materials necessary to carry out such a fingerprinting program. (c) Limitation Fingerprints of a child derived from a program funded under this section - (1) may be released only to a parent or guardian of the child; and (2) may not be copied or retained by any Federal, State, local, or tribal law enforcement officer unless written permission is given by the parent or guardian. (d) Criminal penalty Any person who uses the fingerprints of a child derived from a program funded under this section for any purpose other than the purpose described in subsection (c)(1) shall be subject to imprisonment for not more than 1 year, a fine under title 18, or both. (e) Authorization of appropriations There is authorized to be appropriated $20,000,000 to carry out this section for the 5-year period beginning on the first day of fiscal year 2007. -SOURCE- (Pub. L. 109-248, title VI, Sec. 627, July 27, 2006, 120 Stat. 637.) -End- -CITE- 42 USC Sec. 16985 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER III - GRANTS AND OTHER PROVISIONS -HEAD- Sec. 16985. Grants for Rape, Abuse & Incest National Network -STATUTE- (a) Findings Congress finds as follows: (1) More than 200,000 Americans each year are victims of sexual assault, according to the Department of Justice. (2) In 2004, 1 American was sexually assaulted every 2.5 minutes. (3) One of every 6 women, and 1 of every 133 men, in America has been the victim of a completed or attempted rape, according to the Department of Justice. (4) The Federal Bureau of Investigation ranks rape second in the hierarchy of violent crimes for its Uniform Crime Reports, trailing only murder. (5) The Federal Government, through the Victims of Crime Act [42 U.S.C. 10601 et seq.], Violence Against Women Act, and other laws, has long played a role in providing services to sexual assault victims and in seeking policies to increase the number of rapists brought to justice. (6) Research suggests that sexual assault victims who receive counseling support are more likely to report their attack to the police and to participate in the prosecution of the offender. (7) Due in part to the combined efforts of law enforcement officials at the local, State, and Federal level, as well as the efforts of the Rape, Abuse & Incest National Network (RAINN) and its affiliated rape crisis centers across the United States, sexual violence in America has fallen by more than half since 1994. (8) RAINN, a 501(c)(3) nonprofit corporation headquartered in the District of Columbia, has since 1994 provided help to victims of sexual assault and educated the public about sexual assault prevention, prosecution, and recovery. (9) RAINN established and continues to operate the National Sexual Assault Hotline, a free, confidential telephone hotline that provides help, 24 hours a day, to victims nationally. (10) More than 1,100 local rape crisis centers in the 50 States and the District of Columbia partner with RAINN and are members of the National Sexual Assault Hotline network (which has helped more than 970,000 people since its inception in 1994). (11) To better serve victims of sexual assault, 80 percent of whom are under age 30 and 44 percent of whom are under age 18, RAINN will soon launch the National Sexual Assault Online Hotline, the web's first secure hotline service offering live help 24 hours a day. (12) Congress and the Department of Justice have given RAINN funding to conduct its crucial work. (13) RAINN is a national model of public/private partnership, raising private sector funds to match congressional appropriations and receiving extensive private in-kind support, including advanced technology provided by the communications and technology industries to launch the National Sexual Assault Hotline and the National Sexual Assault Online Hotline. (14) Worth magazine selected RAINN as one of "America's 100 Best Charities", in recognition of the organization's "efficiency and effectiveness.".(!1) (15) In fiscal year 2005, RAINN spent more than 91 cents of every dollar received directly on program services. (16) The demand for RAINN's services is growing dramatically, as evidenced by the fact that, in 2005, the National Sexual Assault Hotline helped 137,039 people, an all-time record. (17) The programs sponsored by RAINN and its local affiliates have contributed to the increase in the percentage of victims who report their rape to law enforcement. (18) According to a recent poll, 92 percent of American women said that fighting sexual and domestic violence should be a top public policy priority (a higher percentage than chose health care, child care, or any other issue). (19) Authorizing Federal funds for RAINN's national programs would promote continued progress with this interstate problem and would make a significant difference in the prosecution of rapists and the overall incidence of sexual violence. (b) Duties and functions of the Administrator (1) Description of activities The Administrator shall - (A) issue such rules as the Administrator considers necessary or appropriate to carry out this section; (B) make such arrangements as may be necessary and appropriate to facilitate effective coordination among all Federally funded programs relating to victims of sexual assault; and (C) provide adequate staff and agency resources which are necessary to properly carry out the responsibilities pursuant to this section. (2) Annual grant to Rape, Abuse & Incest National Network The Administrator shall annually make a grant to RAINN, which shall be used for the performance of the organization's national programs, which may include - (A) operation of the National Sexual Assault Hotline, a 24- hour toll-free telephone line by which individuals may receive help and information from trained volunteers; (B) operation of the National Sexual Assault Online Hotline, a 24-hour free online service by which individuals may receive help and information from trained volunteers; (C) education of the media, the general public, and populations at risk of sexual assault about the incidence of sexual violence and sexual violence prevention, prosecution, and recovery; (D) dissemination, on a national basis, of information relating to innovative and model programs, services, laws, legislation, and policies that benefit victims of sexual assault; and (E) provision of technical assistance to law enforcement agencies, State and local governments, the criminal justice system, public and private nonprofit agencies, and individuals in the investigation and prosecution of cases involving victims of sexual assault. (c) Definitions For the purposes of this section: (1) Administrator The term "Administrator" means the Administrator of the Office of Juvenile Justice and Delinquency Prevention. (2) RAINN The term "RAINN" means the Rape, Abuse & Incest National Network, a 501(c)(3) nonprofit corporation headquartered in the District of Columbia. (d) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section, $3,000,000 for each of fiscal years 2007 through 2010. -SOURCE- (Pub. L. 109-248, title VI, Sec. 628, July 27, 2006, 120 Stat. 638.) -REFTEXT- REFERENCES IN TEXT The Victims of Crime Act, referred to in subsec. (a)(5), probably means the Victims of Crime Act of 1984, which is chapter XIV of title II of Pub. L. 98-473, Oct. 12, 1984, 98 Stat. 2170, and which is classified principally to chapter 112 (Sec. 10601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 10601 of this title and Tables. The Violence Against Women Act, referred to in subsec. (a)(5), probably means the Violence Against Women Act of 1994, which is title IV of Pub. L. 103-322, Sept. 13, 1994, 108 Stat. 1902. For complete classification of this Act to the Code, see Short Title note set out under section 13701 of this title and Tables. -FOOTNOTE- (!1) So in original. The second period probably should not appear. -End- -CITE- 42 USC Sec. 16986 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER III - GRANTS AND OTHER PROVISIONS -HEAD- Sec. 16986. Children's safety online awareness campaigns -STATUTE- (a) Awareness campaign for children's safety online (1) In general The Attorney General, in consultation with the National Center for Missing and Exploited Children, is authorized to develop and carry out a public awareness campaign to demonstrate, explain, and encourage children, parents, and community leaders to better protect children when such children are on the Internet. (2) Required components The public awareness campaign described under paragraph (1) shall include components that compliment (!1) and reinforce the campaign message in a variety of media, including the Internet, television, radio, and billboards. (b) Awareness campaign regarding the accessibility and utilization of sex offender registries The Attorney General, in consultation with the National Center for Missing and Exploited Children, is authorized to develop and carry out a public awareness campaign to demonstrate, explain, and encourage parents and community leaders to better access and utilize the Federal and State sex offender registries. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary for fiscal years 2007 through 2011. -SOURCE- (Pub. L. 109-248, title VI, Sec. 629, July 27, 2006, 120 Stat. 640.) -FOOTNOTE- (!1) So in original. Probably should be "complement". -End- -CITE- 42 USC Sec. 16987 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER III - GRANTS AND OTHER PROVISIONS -HEAD- Sec. 16987. Grants for online child safety programs -STATUTE- (a) In general The Attorney General shall, subject to the availability of appropriations, make grants to States, units of local government, and nonprofit organizations for the purposes of establishing and maintaining programs with respect to improving and educating children and parents in the best ways for children to be safe when on the Internet. (b) Definition of State For purposes of this section, the term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary for fiscal years 2007 through 2011. -SOURCE- (Pub. L. 109-248, title VI, Sec. 630, July 27, 2006, 120 Stat. 640.) -End- -CITE- 42 USC Sec. 16988 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER III - GRANTS AND OTHER PROVISIONS -HEAD- Sec. 16988. Jessica Lunsford Address Verification Grant Program -STATUTE- (a) Establishment There is established the Jessica Lunsford Address Verification Grant Program (hereinafter in this section referred to as the "Program"). (b) Grants authorized Under the Program, the Attorney General is authorized to award grants to State,(!1) local governments, and Indian tribal governments to assist in carrying out programs requiring an appropriate official to verify, at appropriate intervals, the residence of all or some registered sex offenders. (c) Application (1) In general Each State or local government seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. (2) Contents Each application submitted pursuant to paragraph (1) shall - (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section. (d) Innovation In making grants under this section, the Attorney General shall ensure that different approaches to address verification are funded to allow an assessment of effectiveness. (e) Authorization of appropriations (1) In general There are authorized to be appropriated for each of the fiscal years 2007 through 2009 such sums as may be necessary to carry out this section. (2) Report Not later than April 1, 2009, the Attorney General shall report to Congress - (A) assessing the effectiveness and value of this section; (B) comparing the cost effectiveness of address verification to reduce sex offenses compared to other alternatives; and (C) making recommendations for continuing funding and the appropriate levels for such funding. -SOURCE- (Pub. L. 109-248, title VI, Sec. 631, July 27, 2006, 120 Stat. 641.) -FOOTNOTE- (!1) So in original. Probably should be "States,". -End- -CITE- 42 USC Sec. 16989 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER III - GRANTS AND OTHER PROVISIONS -HEAD- Sec. 16989. Fugitive Safe Surrender -STATUTE- (a) Findings Congress finds the following: (1) Fugitive Safe Surrender is a program of the United States Marshals Service, in partnership with public, private, and faith- based organizations, which temporarily transforms a church into a courthouse, so fugitives can turn themselves in, in an atmosphere where they feel more comfortable to do so, and have nonviolent cases adjudicated immediately. (2) In the 4-day pilot program in Cleveland, Ohio, over 800 fugitives turned themselves in. By contrast, a successful Fugitive Task Force sweep, conducted for 3 days after Fugitive Safe Surrender, resulted in the arrest of 65 individuals. (3) Fugitive Safe Surrender is safer for defendants, law enforcement, and innocent bystanders than needing to conduct a sweep. (4) Based upon the success of the pilot program, Fugitive Safe Surrender should be expanded to other cities throughout the United States. (b) Establishment The United States Marshals Service shall establish, direct, and coordinate a program (to be known as the "Fugitive Safe Surrender Program"), under which the United States Marshals Service shall apprehend Federal, State, and local fugitives in a safe, secure, and peaceful manner to be coordinated with law enforcement and community leaders in designated cities throughout the United States. (c) Authorization of appropriations There are authorized to be appropriated to the United States Marshals Service to carry out this section - (1) $3,000,000 for fiscal year 2007; (2) $5,000,000 for fiscal year 2008; and (3) $8,000,000 for fiscal year 2009. (d) Other existing applicable law Nothing in this section shall be construed to limit any existing authority under any other provision of Federal or State law for law enforcement agencies to locate or apprehend fugitives through task forces or any other means. -SOURCE- (Pub. L. 109-248, title VI, Sec. 632, July 27, 2006, 120 Stat. 641.) -End- -CITE- 42 USC Sec. 16990 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER III - GRANTS AND OTHER PROVISIONS -HEAD- Sec. 16990. National registry of substantiated cases of child abuse -STATUTE- (a) In general The Secretary of Health and Human Services, in consultation with the Attorney General, shall create a national registry of substantiated cases of child abuse or neglect. (b) Information (1) Collection The information in the registry described in subsection (a) shall be supplied by States and Indian tribes, or, at the option of a State, by political subdivisions of such State, to the Secretary of Health and Human Services. (2) Type of information The registry described in subsection (a) shall collect in a central electronic registry information on persons reported to a State, Indian tribe, or political subdivision of a State as perpetrators of a substantiated case of child abuse or neglect. (c) Scope of information (1) In general (A) Treatment of reports The information to be provided to the Secretary of Health and Human Services under this section shall relate to substantiated reports of child abuse or neglect. (B) Exception If a State, Indian tribe, or political subdivision of a State has an electronic register of cases of child abuse or neglect equivalent to the registry established under this section that it maintains pursuant to a requirement or authorization under any other provision of law, the information provided to the Secretary of Health and Human Services under this section shall be coextensive with that in such register. (2) Form Information provided to the Secretary of Health and Human Services under this section - (A) shall be in a standardized electronic form determined by the Secretary of Health and Human Services; and (B) shall contain case-specific identifying information that is limited to the name of the perpetrator and the nature of the substantiated case of child abuse or neglect, and that complies with clauses (viii) and (ix) of section 5106a(b)(2)(A) of this title. (d) Construction This section shall not be construed to require a State, Indian tribe, or political subdivision of a State to modify - (1) an equivalent register of cases of child abuse or neglect that it maintains pursuant to a requirement or authorization under any other provision of law; or (2) any other record relating to child abuse or neglect, regardless of whether the report of abuse or neglect was substantiated, unsubstantiated, or determined to be unfounded. (e) Accessibility Information contained in the national registry shall only be accessible to any Federal, State, Indian tribe, or local government entity, or any agent of such entities, that has a need for such information in order to carry out its responsibilities under law to protect children from child abuse and neglect. (f) Dissemination The Secretary of Health and Human Services shall establish standards for the dissemination of information in the national registry of substantiated cases of child abuse or neglect. Such standards shall comply with clauses (viii) and (ix) of section 5106a(b)(2)(A) of this title. (g) Study (1) In general The Secretary of Health and Human Services shall conduct a study on the feasibility of establishing data collection standards for a national child abuse and neglect registry with recommendations and findings concerning - (A) costs and benefits of such data collection standards; (B) data collection standards currently employed by each State, Indian tribe, or political subdivision of a State; (C) data collection standards that should be considered to establish a model of promising practices; and (D) a due process procedure for a national registry. (2) Report Not later than 1 year after July 27, 2006, the Secretary of Homeland Security shall submit to the Committees on the Judiciary in the House of Representatives and the United States Senate and the Senate Committee on Health, Education, Labor and Pensions and the House Committee on Education and the Workforce a report containing the recommendations and findings of the study on data collection standards for a national child abuse registry authorized under this subsection. (3) Authorization of appropriations There is authorized to be appropriated $500,000 for the period of fiscal years 2006 and 2007 to carry out the study required by this subsection. -SOURCE- (Pub. L. 109-248, title VI, Sec. 633, July 27, 2006, 120 Stat. 642.) -End- -CITE- 42 USC Sec. 16991 01/03/2007 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 151 - CHILD PROTECTION AND SAFETY SUBCHAPTER III - GRANTS AND OTHER PROVISIONS -HEAD- Sec. 16991. Annual report on enforcement of registration requirements -STATUTE- Not later than July 1 of each year, the Attorney General shall submit a report to Congress describing - (1) the use by the Department of Justice of the United States Marshals Service to assist jurisdictions in locating and apprehending sex offenders who fail to comply with sex offender registration requirements, as authorized by this chapter; (2) the use of section 2250 of title 18 to punish offenders for failure to register; (3) a detailed explanation of each jurisdiction's compliance with subchapter I of this chapter; (4) a detailed description of Justice Department efforts to ensure compliance and any funding reductions, the basis for any decision to reduce funding or not to reduce funding under section 16925 of this title; and (5) the denial or grant of any extensions to comply with subchapter I of this chapter, and the reasons for such denial or grant. -SOURCE- (Pub. L. 109-248, title VI, Sec. 635, July 27, 2006, 120 Stat. 644.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in par. (1), was in the original "this Act", meaning Pub. L. 109-248, July 27, 2006, 120 Stat. 587, known as the Adam Walsh Child Protection and Safety Act of 2006. For complete classification of this Act to the Code, see Short Title note set out under section 16901 of this title and Tables. Subchapter I of this chapter, referred to in pars. (3) and (5), was in the original "the Sex Offender Registration and Notification Act", meaning title I of Pub. L. 109-248, July 27, 2006, 120 Stat. 590. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables. -End-