69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–142 

ADAM WALSH REAUTHORIZATION ACT OF 2017 

MAY 22, 2017.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. GOODLATTE, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 1188] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 1188) to reauthorize certain programs established by the 

Adam Walsh Child Protection and Safety Act of 2006, and for other 

purposes, having considered the same, report favorably thereon 

with an amendment and recommend that the bill as amended do 

pass. 

CONTENTS 

Page 

The Amendment ...................................................................................................... 2 

Purpose and Summary ............................................................................................ 4 

Background and Need for the Legislation ............................................................. 4 

Hearings ................................................................................................................... 8 

Committee Consideration ........................................................................................ 9 

Committee Votes ...................................................................................................... 9 

Committee Oversight Findings ............................................................................... 11 

New Budget Authority and Tax Expenditures ...................................................... 11 

Congressional Budget Office Cost Estimate .......................................................... 11 

Duplication of Federal Programs ............................................................................ 13 

Disclosure of Directed Rule Makings ..................................................................... 13 

Performance Goals and Objectives ......................................................................... 13 

Advisory on Earmarks ............................................................................................. 13 

Section-by-Section Analysis .................................................................................... 13 

Changes in Existing Law Made by the Bill, as Reported ..................................... 15 

Additional Views ...................................................................................................... 27 

2 

The Amendment 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Adam Walsh Reauthorization Act of 2017’’. 

SEC. 2. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM REAUTHORIZATION. 

Section 126(d) of the Adam Walsh Child Protection and Safety Act of 2006 (42 

U.S.C. 16926(d)) is amended to read as follows: 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro- priated to the Attorney General $20,000,000 for each of the fiscal years 2018 

through 2022, to be available only for the SOMA program.’’. 

SEC. 3. REAUTHORIZATION OF FEDERAL ASSISTANCE WITH RESPECT TO VIOLATIONS OF 

REGISTRATION REQUIREMENTS. 

Section 142(b) of the Adam Walsh Child Protection and Safety Act of 2006 (42 

U.S.C. 16941(b)) is amended to read as follows: 

‘‘(b) For each of fiscal years 2018 through 2022, of amounts made available to the 

United States Marshals Service, not less than $60,000,000 shall be available to 

carry out this section.’’. 

SEC. 4. DURATION OF SEX OFFENDER REGISTRATION REQUIREMENTS FOR CERTAIN JUVENILES. 

Subparagraph (B) of section 115(b)(2) of the Adam Walsh Child Protection and 

Safety Act of 2006 (42 U.S.C. 16915(b)(2)) is amended by striking ‘‘25 years’’ and 

inserting ‘‘15 years’’. 

SEC. 5. PUBLIC ACCESS TO JUVENILE SEX OFFENDER INFORMATION. 

Section 118(c) of the Adam Walsh Child Protection and Safety Act of 2006 (42 

U.S.C. 16918(c)) is amended— 

(1) by striking ‘‘and’’ after the semicolon in paragraph (3); 

(2) by redesignating paragraph (4) as paragraph (5); and 

(3) by inserting after paragraph (3) the following: 

‘‘(4) any information about a sex offender for whom the offense giving rise to 

the duty to register was an offense for which the offender was adjudicated delinquent; and’’. 

SEC. 6. PROTECTION OF LOCAL GOVERNMENTS FROM STATE NONCOMPLIANCE PENALTY 

UNDER SORNA. 

Section 125 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 

16925(a)) is amended— 

(1) by striking ‘‘jurisdiction’’ each place it appears and inserting ‘‘State’’; 

(2) in subsection (a)— 

(A) by striking ‘‘subpart 1 of part E’’ and inserting ‘‘section 505(c)’’; and 

(B) by striking ‘‘(42 U.S.C. 3750 et seq.)’’ and inserting ‘‘(42 U.S.C. 

3755(c))’’; and 

(3) by adding at the end the following: 

‘‘(e) CALCULATION OF ALLOCATION TO UNITS OF LOCAL GOVERNMENT.—Notwithstanding the formula under section 505(c) of the Omnibus Crime Control and Safe 

Streets Act 1968 (42 U.S.C. 3755(c)), a State which is subject to a reduction in funding under subsection (a) shall— 

‘‘(1) calculate the amount to be made available to units of local government 

by the State pursuant to the formula under section 505(c) using the amount 

that would otherwise be allocated to that State for that fiscal year under section 

505(c) of that Act, and make such amount available to such units of local government; and 

‘‘(2) retain for the purposes described in section 501 any amount remaining 

after the allocation required by paragraph (1).’’. 

SEC. 7. ADDITIONAL INFORMATION TO BE INCLUDED IN ANNUAL REPORT ON ENFORCEMENT 

OF REGISTRATION REQUIREMENTS. 

Section 635 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 

16991) is amended— 

(1) by striking ‘‘Not later than July 1 of each year’’ and inserting ‘‘On January 

1 of each year,’’; 

(2) in paragraph (3), by inserting before the semicolon at the end the following: ‘‘, and an analysis of any common reasons for noncompliance with such 

Act’’; 

(3) in paragraph (4), by striking ‘‘and’’ at the end; 

3 

(4) in paragraph (5), by striking the period at the end and inserting a semicolon; and 

(5) by adding after paragraph (5) the following: 

‘‘(6) the number of sex offenders registered in the National Sex Offender Registry; 

‘‘(7) the number of sex offenders registered in the National Sex Offender Registry who— 

‘‘(A) are adults; 

‘‘(B) are juveniles; and 

‘‘(C) are adults, but who are required to register as a result of conduct 

committed as a juvenile; and 

‘‘(8) to the extent such information is obtainable, of the number of sex offenders registered in the National Sex Offender Registry who are juveniles— 

‘‘(A) the percentage of such offenders who were adjudicated delinquent; 

and 

‘‘(B) the percentage of such offenders who were prosecuted as adults.’’. 

SEC. 8. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS. 

(a) PROBATION OFFICERS.—Section 3603 of title 18, United States Code, is amended in paragraph (8)(A) by striking ‘‘or 4246’’ and inserting ‘‘, 4246, or 4248’’. 

(b) PRETRIAL SERVICES OFFICERS.—Section 3154 of title 18, United States Code, 

is amended in paragraph (12)(A) by striking ‘‘or 4246’’ and inserting ‘‘, 4246, or 

4248’’. 

SEC. 9. CIVIL REMEDY FOR SURVIVORS OF CHILD SEXUAL EXPLOITATION AND HUMAN TRAFFICKING. 

Section 2255(b) of title 18, United States Code, is amended— 

(1) by striking ‘‘three years’’ and inserting ‘‘10 years’’; and 

(2) by inserting ‘‘ends’’ before the period at the end. 

SEC. 10. TRIBAL ACCESS PROGRAM. 

The Attorney General is authorized to provide technical assistance, including 

equipment, to tribal governments for the purpose of enabling such governments to 

access, enter information into, and obtain information from, Federal criminal information databases, as authorized under section 534(d) of title 28, United States 

Code. The Department of Justice Working Capital Fund (established under section 

527 of title 28, United States Code) may be reimbursed by federally recognized 

tribes for technical assistance provided pursuant to this section. 

SEC. 11. ALTERNATIVE MECHANISMS FOR IN-PERSON VERIFICATION. 

Section 116 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 

16916) is amended— 

(1) by striking ‘‘A sex offender shall’’ and inserting the following: 

‘‘(a) IN GENERAL.—Except as provided in subsection (b), a sex offender shall’’; and 

(2) by adding at the end the following: 

‘‘(b) ALTERNATIVE VERIFICATION METHOD.—A jurisdiction may allow a sex offender 

to comply with the requirements under subsection (a) by an alternative verification 

method approved by the Attorney General, except that each offender shall appear 

in person not less than one time per year. The Attorney General shall approve an 

alternative verification method described in this subsection prior to its implementation by a jurisdiction in order to ensure that such method provides for verification 

that is sufficient to ensure the public safety.’’. 

SEC. 12. CLARIFICATION OF AGGRAVATED SEXUAL ABUSE. 

Section 111(8) of the Adam Walsh Child Protection and Safety Act of 2006 (42 

U.S.C. 16911(8)) is amended by inserting ‘‘subsection (a) or (b) of’’ before ‘‘section 

2241 of title 18, United States Code’’. 

SEC. 13. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES. 

Section 634(c) of the Adam Walsh Child Protection and Safety Act of 2006 is 

amended by adding at the end the following: 

‘‘(3) ADDITIONAL REPORT.—Not later than one year after the date of enactment 

of the Adam Walsh Reauthorization Act of 2017, the National Institute of Justice shall submit to Congress a report on the public safety impact, recidivism, 

and collateral consequences of long-term registration of juvenile sex offenders, 

based on the information collected for the study under subsection (a) and any 

other information the National Institute of Justice determines necessary for 

such report.’’. 

4 

1 42 U.S.C. § 16901 et seq. 

Purpose and Summary 

H.R. 1188, the Adam Walsh Reauthorization Act of 2017, would 

reauthorize the two primary programs of the Adam Walsh Act for 

five years: the Sex Offender Management Assistance Program and 

the Sex Offender Registration and Notification Act (‘‘SORNA’’)—for 

five years. H.R. 1188 also makes targeted changes to the SORNA 

requirements to encourage SORNA implementation, such as lowering the length of time certain juveniles must register, allowing 

non-public registry of juveniles, providing additional aid to tribal 

programs in supervising offenders, and allowing alternate 

verification methods for those in rural areas. H.R. 1188 also requires adequate supervision of dangerous sex offenders by pretrial 

services and parole officers, and amends the statute of limitations 

to allow individuals who were victims of exploitation or trafficking 

as juveniles to have 10 years after becoming an adult to file suit 

for a civil remedy. 

Background and Need for the Legislation 

In 1994, Congress passed the Jacob Wetterling Crimes Against 

Children and Sexually Violent Offender Registration Act. This legislation mandated that states track violent sex offenders and established guidelines for tracking those offenders. Over the years, Congress continued its vigilance in tracking sex offenders, which ultimately culminated in a comprehensive piece of legislation titled the 

Adam Walsh Child Protection and Safety Act of 2006 (‘‘the Adam 

Walsh Act’’). The Adam Walsh Act created a new baseline standard 

for jurisdictions to implement regarding sex offender registration 

and notification, and expanded the number of sex offenses that 

must be captured by registration jurisdictions. Additionally, it created the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (‘‘SMART Office’’) within the 

Department of Justice’s Office of Justice Programs, to administer 

the standards for sex offender notification and registration, administer the grant programs authorized by the Adam Walsh Act, and 

coordinate related training and technical assistance. 

Title I of the Adam Walsh Act, the Sex Offender Registration and 

Notification Act (‘‘SORNA’’),1 establishes minimum national standards for sex offender registration and notification in the jurisdictions to which it applies. The class of offenders required to register 

includes anyone found in the United States and previously convicted of a Federal, State, local, tribal, military, or foreign ‘‘qualifying offense,’’ although, strictly speaking, violations of the laws of 

the District of Columbia or U.S. territories are not specifically mentioned as qualifying offenses. Offenders must register in each state 

or territory in which they live, work, or attend school. There are 

five classes of qualifying offenses: (1) crimes identified as one of the 

specific offenses against a minor; (2) crimes in which some sexual 

act or sexual conduct is an element; (3) designated federal sex offenses; (4) specified military offenses; and (5) attempts or conspiracy to commit any offense in the other four classes of qualifying 

offenses. The inventory of qualifying offenses is subject to exception. Conviction for an otherwise qualifying foreign offense does not 

5 

2Tier III offenders are those convicted of a felony constituting or at least comparable in severity to kidnaping (other than by a parent or guardian); or to the felonious commission of, or attempt or conspiracy to commit, abusive sexual contact against a child under 13 years of age, 

or sexual abuse or aggravated sexual abuse; or those who have previously qualified as Tier II 

offenders at the time of conviction. They must appear to verify registration every three months. 

Tier II offenders must reappear no less frequently than every six months. Tier II offenders are 

those with a felony conviction for violation of either: one of several designated federal sex offenses (or at least its equivalent in severity), or one of three generically described sex offenses. 

The federal offenses are violations of 18 U.S.C. §§ 1591 (sex trafficking), 2422(b) (use of a facility 

in interstate or foreign commerce to coerce or entice a child to engage in illicit sexual activity), 

2423(a) (interstate transportation of a child for illicit sexual purposes), 2244 (abusive sexual contact). The generic offenses are use of a child in a sexual performance, solicitation of a child to 

practice prostitution, and production or distribution of child pornography. An offender is also 

a Tier II offender who prior to the conviction triggering the registration requirement was already been classified as a Tier I offender. Tier I offenders are those required to register who 

are neither Tier II nor Tier III offenders, and must reappear for new photographs and 

verification at least once a year. 

necessitate registration if it was not secured in a manner that satisfies minimal due process requirements under guidelines or regulations promulgated by the Attorney General. Nor does conviction 

of a consensual sex offense require registration if the victim is an 

adult not in the custody of the offender, or if the victim is 13 years 

of age or older and the offender is no more than four years older. 

Finally, juvenile delinquency adjudications do not constitute qualifying convictions unless the offender is 14 years of age or older at 

the time of the misconduct and the misconduct adjudicated is comparable to, or more severe than, aggravated sexual assault or attempt or conspiracy to commit such an offense. 

Those required to register must provide their name, Social Security number, the name and address of their employer(s), the name 

and address of places where they attend school, and the license 

plate numbers and descriptions of vehicles they own or operate. 

The jurisdiction of registration must also include a physical description and current photograph of the registrant and a copy of his 

driver’s license or government issued identification card; a set of 

fingerprints, palm prints, and a DNA sample; the text of the law 

under which he was convicted; a criminal record that includes the 

dates of any arrests and convictions, any outstanding warrants, as 

well as parole, probation, supervisory release, and registration status; and any other information required by the Attorney General. 

The regularity with which registrants must appear for new photographs and to verify their registration information depends upon 

their status. It is at least every three months for Tier III offenders. 

Tier II offenders must reappear no less frequently than every six 

months. Tier I offenders must reappear for new photographs and 

verification at least once a year. Tier I offenders must maintain 

their registration for 15 years, which can be reduced to 10 years. 

Tier II offenders must maintain their registration for 25 years. Tier 

III offenders must maintain their registration for life, which can be 

reduced to 25 years in certain cases.2

The Act makes failure to register a federal crime for offenders 

convicted of a federal qualifying offense, or who travel in interstate 

commerce, or who travel in Indian country, or who live in Indian 

country. Violations are punishable by imprisonment for not more 

than 10 years and by an additional penalty, to be served consecutively, of not less than five or more than 30 years if the offender 

commits a crime of violence. Moreover, violation exposes an offender to a term of supervised release for not less than five years 

6 

3 42 U.S.C. § 16911(10). 

or for life. If the offender is a foreign national, he becomes deportable upon conviction. 

The Act establishes, reinforces, and revives several grant programs devoted to child and community safety. It also includes a 

wide assortment of other provisions designed to prevent, prosecute, 

or punish the victimization of children. Among them are sections 

that broaden access to federal criminal records information systems, create a national child abuse registry, expand recordkeeping 

requirements for those in the business of producing sexually explicit material, immunize officials from civil liability for activities 

involving sexual offender registration, and authorize and direct the 

Department of Justice to establish and maintain a number of child 

protective activities. 

1. Challenges in the implementation of SORNA 

SORNA provides a financial incentive for eligible jurisdictions to 

adopt its standards by requiring a 10 percent reduction of federal 

justice assistance funding to an eligible jurisdiction if the Attorney 

General determines that the jurisdiction has failed to ‘‘substantially implement’’ the program. SORNA also directs the Attorney 

General to issue guidelines and regulations to interpret and implement SORNA. The SMART Office assists all jurisdictions in their 

SORNA implementation efforts and determines whether the jurisdiction has substantially implemented SORNA’s requirements in 

their registration and notification programs. ‘‘Jurisdictions’’ in the 

relevant sense are the 50 states, the District of Columbia, the five 

principal U.S. territories, and federally recognized Indian tribes 

that satisfy certain criteria.3

Initially, states had until July 27, 2009, to comply with provisions of the Act or face a 10 percent reduction to Byrne law enforcement assistance grants. A one-year blanket extension was 

granted by the Attorney General in May 2009. In 2010, another extension was granted by the Attorney General to all states that requested one; therefore, in order to receive funding, states were to 

comply by July 2011. 

To date, 128 jurisdictions (17 states, 108 tribes and 3 territories) 

have substantially implemented SORNA’s requirements. States 

that are not in substantial compliance cite trouble complying with 

the retroactivity of the law; a stated preference toward individualized assessment versus a system based on crime of the offense; and 

a reluctance to place juveniles on the registry, as hurdles toward 

coming into compliance. Historically, the juvenile registration system has faced the most scrutiny as the federal government attempts to implement SORNA requirements across all jurisdictions. 

However, the guidelines issued by the SMART office in August 

2016 significantly allay the concerns jurisdictions had previously 

expressed and allow jurisdictions with discretionary systems for juveniles to be considered ‘‘in compliance.’’ 

2. Juvenile registration 

Historically, one asserted problem for jurisdictions declining to 

implement SORNA guidelines is the juvenile registration requirement. Despite the guidelines yielding a great deal of discretion in 

7 

4 42 U.S.C. § 16911(1), (8); see id. 16913 (setting forth registration requirements). 5 73 FR at 38048. 

6 Id. at 38050. 7See id. at 38040–41. 8 76 FR at 1636. 

9 Id. 

this arena, states are reporting a large amount of push-back in 

placing juveniles on sex-offender lists. In addition to requiring registration based on adult convictions for sex offenses, SORNA includes as covered ‘‘sex offender[s]’’ juveniles at least 14 years old 

who have been adjudicated delinquent for particularly serious sex 

offenses.4 In relation to the juvenile registration requirement, as in 

other contexts, the SMART Office ‘‘consider[s] on a case-by-case 

basis whether jurisdictions’ procedures that do not exactly follow 

the provisions of SORNA . . . ‘substantially’ implement SORNA, 

assessing whether the departure from a SORNA requirement will 

or will not substantially disserve the objectives of the requirement.’’ 5

The SORNA Guidelines, implemented in 2008, explained in particular that substantial implementation of SORNA need not include 

registration of juveniles adjudicated delinquent for certain lesser 

offenses within the scope of SORNA’s juvenile registration provisions. The Guidelines stated that jurisdictions can achieve substantial implementation if they cover offenses by juveniles, at least 14 

years old, that consist of engaging (or attempting or conspiring to 

engage) in a sexual act with another by force, the threat of serious 

violence, or by rendering unconscious or drugging the victim.6 This 

interpretation of substantial implementation addressed concerns 

about the potential registration of juveniles in some circumstances 

based on consensual sexual activity with other juveniles, which is 

outside the scope of the coverage required by the Guidelines.7

The Supplemental Guidelines, implemented in 2011, noted that 

the SORNA Guidelines had endeavored to facilitate jurisdictions’ 

compliance with SORNA’s registration requirement for ‘‘juveniles 

at least 14 years old who are adjudicated delinquent for particularly serious sex offenses,’’ but that ‘‘resistance by some jurisdictions to public disclosure of information about sex offenders in this 

class has continued to be one of the largest impediments to SORNA 

implementation.’’ 8 The Attorney General accordingly exercised his 

exemption authority ‘‘to allow jurisdictions to exempt from public 

. . . disclosure information concerning sex offenders required to 

register on the basis of juvenile delinquency adjudications.’’ 9 This 

exemption did not change the requirement that such juveniles be 

registered and that information about them be transmitted or 

made available ‘‘to the national (non-public) databases of sex offender information, to law enforcement and supervision agencies.’’ 

Most recently, the Juvenile Supplemental Guidelines, effective 

August 1, 2016, asserted that if a jurisdiction does not register juveniles at least 14 years old who are adjudicated delinquent for 

particularly serious sex offenses in exact conformity with SORNA’s 

provisions—for example, because the jurisdiction uses a discretionary process for determining such registration—the SMART Office will examine the following factors when assessing whether the 

jurisdiction has nevertheless substantially implemented SORNA’s 

juvenile registration requirements: (i) policies and practices to prosecute as adults juveniles who commit serious sex offenses; (ii) poliVerDate Sep 11 2014 02:33 May 25, 2017 Jkt 069006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR142.XXX HR142
8 

cies and practices to register juveniles adjudicated delinquent for 

serious sex offenses; and (iii) other policies and practices to identify, track, monitor, or manage juveniles adjudicated delinquent for 

serious sex offenses who are in the community and to ensure that 

the records of their identities and sex offenses are available as 

needed for public safety purposes. 

Thus, a state may be in substantial compliance with SORNA 

even if it adopts an alternative process for dealing with juvenile 

registration. 

A. Legislation 

H.R. 1188, the Adam Walsh Reauthorization Act of 2017, would 

reauthorize the two primary programs of the Adam Walsh Act—the 

Sex Offender Management Assistance Program and SORNA—for 

five years. As explained, SORNA sets minimum guidelines for state 

sex offender registries and establishes the Dru Sjodin National Sex 

Offender Public Website, which is a comprehensive national system 

for the registration and notification to the public of sex offenders. 

The Sex Offender Management Assistance Program provides funding to the states, tribes, and other jurisdictions to offset the costs 

of implementing and enhancing SORNA, and funding for the U.S. 

Marshals Service and other law enforcement agencies to assist jurisdictions in locating and apprehending sex offenders who violate 

registration requirements. 

H.R. 1188 also makes targeted changes to the SORNA requirements, in order to encourage the implementation of the Act. Notably, it gives states more flexibility in classifying sex offenders on 

their registry, lowering the period that juveniles must register from 

lifetime registration for a Tier III offense to 15 years where the juvenile had maintained a clean record. It would also permit states 

to limit public access to juvenile sex offender information. The bill 

also authorizes the Attorney General to provide technical assistance to tribal governments so they can access, enter information 

into, and obtain information from, Federal criminal information 

databases. Furthermore, it provides an alternative verification 

mechanism for in-person check-in, which would ease the burden on 

some jurisdictions that must expend time and money keeping track 

of offenders in rural areas. 

Finally, H.R. 1188 amends the statute of limitations to allow individuals who were victims of exploitation or trafficking as juveniles to have 10 years after becoming an adult to file suit for a civil 

remedy. The current statute of limitations is 10 years. Children 

under 18, however, are unable to bring a lawsuit, and the law currently gives these individuals only three years after turning 18 to 

begin a lawsuit. This provision would give individuals who were 

abused as children a full 10 years from the time they are legally 

allowed to bring suit to pursue civil remedies against their abuser 

or trafficker. 

Hearings 

The Committee on the Judiciary held no hearings on H.R. 1188, 

but held a hearing on the subject of child exploitation generally on 

March 16, 2017. 

9 

Committee Consideration 

On March 22, 2017, the Committee met in open session and ordered the bill H.R. 1188 favorably reported, an amendment, by 

voice vote, a quorum being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the following 

roll call votes occurred during the Committee’s consideration of 

H.R. 1188. 

1. An Amendment, offered by Mr. Conyers to give states discretion in determining whether juveniles who have committed aggravated sexual abuse should be placed on a sex offender registry. The 

amendment was defeated by a roll call vote of 11 to 15. 

ROLLCALL NO. 1 

Ayes Nays Present 

Mr. Goodlatte (VA), Chairman ................................. X 

Mr. Sensenbrenner, Jr. (WI) .................................... X 

Mr. Smith (TX) ..........................................................

Mr. Chabot (OH) ........................................................

Mr. Issa (CA) ............................................................. X 

Mr. King (IA) .............................................................

Mr. Franks (AZ) ......................................................... X 

Mr. Gohmert (TX) ...................................................... X 

Mr. Jordan (OH) ........................................................

Mr. Poe (TX) .............................................................. X 

Mr. Chaffetz (UT) ...................................................... X 

Mr. Marino (PA) ........................................................ X 

Mr. Gowdy (SC) ......................................................... X 

Mr. Labrador (ID) ......................................................

Mr. Farenthold (TX) ..................................................

Mr. Collins (GA) ........................................................

Mr. DeSantis (FL) ..................................................... X 

Mr. Buck (CO) ........................................................... X 

Mr. Ratcliffe (TX) ...................................................... X 

Ms. Roby (AL) ............................................................ X 

Mr. Gaetz (FL) ...........................................................

Mr. Johnson (LA) ...................................................... X 

Mr. Biggs (AZ) ........................................................... X 

Mr. Conyers, Jr. (MI), Ranking Member ................. X 

Mr. Nadler (NY) ........................................................ X 

Ms. Lofgren (CA) .......................................................

Ms. Jackson Lee (TX) ................................................ X 

Mr. Cohen (TN) ......................................................... X 

Mr. Johnson (GA) ...................................................... X 

Mr. Deutch (FL) ......................................................... X 

Mr. Gutierrez (IL) .....................................................

Ms. Bass (CA) ............................................................

Mr. Richmond (LA) ....................................................

Mr. Jeffries (NY) .......................................................

Mr. Cicilline (RI) .......................................................

10 

ROLLCALL NO. 1—Continued 

Ayes Nays Present 

Mr. Swalwell (CA) ..................................................... X 

Mr. Lieu (CA) ............................................................. X 

Mr. Raskin (MD) ....................................................... X 

Ms. Jayapal (WA) ...................................................... X 

Mr. Schneider (IL) ..................................................... X 

Total ............................................................. 11 15 

2. An Amendment, offered by Ms. Jackson Lee to give judicial 

discretion in determining whether juveniles over 14 adjudicated delinquent for aggravated sexual abuse should be placed on a sex offender registry. The amendment was defeated by a roll call vote of 

11 to 17. 

ROLLCALL NO. 2 

Ayes Nays Present 

Mr. Goodlatte (VA), Chairman ................................. X 

Mr. Sensenbrenner, Jr. (WI) .................................... X 

Mr. Smith (TX) .......................................................... X 

Mr. Chabot (OH) ........................................................ X 

Mr. Issa (CA) ............................................................. X 

Mr. King (IA) .............................................................

Mr. Franks (AZ) .........................................................

Mr. Gohmert (TX) ...................................................... X 

Mr. Jordan (OH) ........................................................

Mr. Poe (TX) .............................................................. X 

Mr. Chaffetz (UT) ...................................................... X 

Mr. Marino (PA) ........................................................ X 

Mr. Gowdy (SC) ......................................................... X 

Mr. Labrador (ID) ......................................................

Mr. Farenthold (TX) ..................................................

Mr. Collins (GA) ........................................................

Mr. DeSantis (FL) ..................................................... X 

Mr. Buck (CO) ........................................................... X 

Mr. Ratcliffe (TX) ...................................................... X 

Ms. Roby (AL) ............................................................ X 

Mr. Gaetz (FL) ...........................................................

Mr. Johnson (LA) ...................................................... X 

Mr. Biggs (AZ) ........................................................... X 

Mr. Conyers, Jr. (MI), Ranking Member ................. X 

Mr. Nadler (NY) ........................................................ X 

Ms. Lofgren (CA) .......................................................

Ms. Jackson Lee (TX) ................................................ X 

Mr. Cohen (TN) ......................................................... X 

Mr. Johnson (GA) ...................................................... X 

Mr. Deutch (FL) ......................................................... X 

Mr. Gutierrez (IL) .....................................................

Ms. Bass (CA) ............................................................

Mr. Richmond (LA) ....................................................

11 

ROLLCALL NO. 2—Continued 

Ayes Nays Present 

Mr. Jeffries (NY) .......................................................

Mr. Cicilline (RI) ....................................................... X 

Mr. Swalwell (CA) ..................................................... X 

Mr. Lieu (CA) ............................................................. X 

Mr. Raskin (MD) ....................................................... X 

Ms. Jayapal (WA) ...................................................... X 

Mr. Schneider (IL) ..................................................... X 

Total ............................................................. 11 17 

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

Congressional Budget Office Cost Estimate 

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 1188, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, April 5, 2017. 

Hon. BOB GOODLATTE, CHAIRMAN, Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1188, the Adam Walsh 

Reauthorization Act of 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz, who 

can be reached at 226–2860. 

Sincerely, 

KEITH HALL. 

Enclosure 

cc: Honorable John Conyers Jr. 

Ranking Member 

Duplication of Federal Programs 

12 

H.R. 1188—Adam Walsh Reauthorization Act of 2017 

As ordered reported by the House Committee on the Judiciary on 

March 22, 2017 

Summary: H.R. 1188 would authorize the appropriation of $80 

million annually over the 2018–2022 period for Department of Justice (DOJ) activities related to the registration of sex offenders. Assuming appropriation of the authorized amounts, CBO estimates 

that implementing H.R. 1188 would cost $353 million over the 

2018–2022 period. 

Enacting the bill would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. CBO estimates 

that enacting H.R. 1188 would not increase net direct spending or 

on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. 

H.R. 1188 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 1188 is shown in the following table. The costs 

of this legislation fall within budget function 750 (administration 

of justice). 

By fiscal year, in millions of dollars— 

2018 2019 2020 2021 2022 2018– 

2022 

Increases in spending subject to appropriation 

Authorization Level ....................................................................... 80 80 80 80 80 400 

Estimated Outlays ........................................................................ 55 67 74 77 80 353 

Basis of estimate: For this estimate, CBO assumes that the bill 

will be enacted by the end of fiscal year 2017, the authorized 

amounts will be appropriated each year, and outlays will follow the 

historical rate of spending for the programs authorized by the legislation. Specifically, the bill would: 

• Authorize the appropriation of $20 million annually over 

the 2018–2022 period for DOJ to assist state and local governments with registering and monitoring sex offenders; and 

• Authorize the appropriation of $60 million annually over 

the 2018–2022 period for the U.S. Marshals Service to help 

local authorities locate and apprehend sex offenders who do not 

comply with the registration requirements. 

Pay-As-You-Go considerations: None. 

Increase in long-term direct spending and deficits: CBO estimates that enacting H.R. 1188 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. 

Intergovernmental and private-sector impact: H.R. 1188 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal costs: Mark Grabowicz; Impact on 

state, local, and tribal governments: Rachel Austin; Impact on the 

private sector: Paige Piper/Bach. 

13 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

Duplication of Federal Programs 

No provision of H.R. 1188 establishes or reauthorizes a program 

of the Federal government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

Disclosure of Directed Rule Makings 

The Committee estimates that H.R. 1188 specifically directs to be 

completed no specific rule makings within the meaning of 5 U.S.C. 

§ 551. 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 1188 reauthorizes the Sex Offender Management Assitance program and enforcement of the Sex Offender Registration and Notification Act, and 

makes changes designed to encourage state and tribal implementation of the Adam Walsh Act. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 1188 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of Rule XXI. 

Section-by-Section Analysis 

Section 1—Short Title. This section cites the short title of the bill 

as the ‘‘Adam Walsh Reauthorization Act of 2017’’. 

Section 2—Authorization of Sex Offender Management Assistance 

(SOMA). This section authorizes $20 million annually for the 

SOMA program through Fiscal Year 2022. While a number of other 

programs existed under the original Adam Walsh Act, this is the 

only program which has ever been funded on an annual basis. 

Section 3—Reauthorization of Federal Assistance with Respect to 

Violations of Registration Requirements. This section reauthorizes 

funding for federal law enforcement, including the United States 

Marshals Service, to assist local jurisdictions in locating and apprehending sex offenders who violate the registration requirements of 

their state. It removes language authorizing ‘‘such sums as may be 

necessary’’ and authorizes $66.3 million annually through FY 2021. 

This is consistent with recent appropriations for this program. 

Section 4—Duration of Sex Offender Registration Requirements 

for Certain Juveniles. In order for the states to receive full funding 

under the law, they must be in ‘‘substantial compliance’’ with the 

standards Congress has set. The Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) Office at 

Department of Justice works with the states to help them shape 

policy that substantially complies with the Act’s standards. 

14 

One of the standards Congress put in the original Act was a requirement for a tiered system of classifying offenders. Tier I offenders have to register for 15 years, Tier II for 25, and Tier III for life. 

The law also allowed states to reduce those requirements in certain 

cases. One such reduction was that a juvenile adjudicated for a 

Tier III offense could petition for de-registration at 25 years, if the 

offender kept a clean record. This section reduces that time to 15 

years. 

This section would not apply to cases in which the minor was 

prosecuted as an adult; it applies only to cases in which a prosecutor decided to adjudicate the charge in the juvenile system. 

Section 5—Public Access to Juvenile Sex Offender Information. 

This section adds an optional exemption to the requirements of 

what needs to be made available on each state’s sex offender registry. Specifically, it gives states the option to not list certain information about a juvenile offender who was adjudicated delinquent. 

Similar to Section 4, this section applies only to juveniles who are 

adjudicated delinquent, not anyone prosecuted as an adult. 

Section 6—Protection of Local Governments from State Noncompliance Penalty under SORNA. This section makes technical 

changes to the provision that encourages states to comply with the 

Adam Walsh Act, to clarify that the Byrne JAG money that is withheld is reserved for reallocation in accordance with 42 U.S.C. 

§ 16925(c). 

Section 7—Comprehensive Examination of Sex Offender Issues. 

This section requires reporting to Congress by January 1 of each 

year on implementation of the Adam Walsh Act. It requires the report to include common reasons for noncompliance across states as 

well as the number of adults and juveniles (and those who are 

adults but registered for conduct committed as a juvenile) registered in the National Sex Offender Registry. 

Section 8—Ensuring Supervision of Released Sexually Dangerous 

Persons. This section requires parole officers and pretrial service officers to stay informed as to the conduct and provide supervision 

of ‘‘sexually dangerous persons’’ released into their supervision pursuant to 18 U.S.C. § 4248. 

Section 9—Civil Remedy for Survivors of Exploitation and Trafficking. This section amends the statute of limitations to allow individuals who were victims of exploitation or trafficking as juveniles 

to have 10 years after becoming an adult to file suit for a civil remedy. 

The current statute of limitations is 10 years. Children under 18, 

however, are unable to bring a lawsuit, and the law currently gives 

them three years after turning 18 to begin a lawsuit. This provision 

would give individuals abused as children a full 10 years from the 

time they are legally allowed to bring suit, to pursue a civil remedy 

against their abuser or trafficker. 

Section 10—Tribal Access Program. This section authorizes the 

Department of Justice to provide technical assistance to Tribal law 

enforcement agencies for the purpose of obtaining information from 

Federal criminal information databases, pursuant to existing law. 

Section 11—Alternative Mechanisms for In-Person Verification. 

This section allows jurisdictions to establish alternative means to 

comply with the in-person check in requirement, provided that the 

15 

Attorney General approves the verification mechanism and every 

offender must appear in person at least once per year. 

Changes in Existing Law Made by the Bill, as Reported 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

and existing law in which no change is proposed is shown in 

roman): 

ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 

2006 

* * * * * * * 

TITLE I—SEX OFFENDER 

REGISTRATION AND NOTIFICATION ACT 

* * * * * * * 

Subtitle A—Sex Offender Registration and 

Notification 

SEC. 111. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA EXPANSION 

OF SEX OFFENDER DEFINITION AND EXPANDED INCLUSION OF CHILD PREDATORS. 

In this title 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, United States Code); 

(ii) coercion and enticement (as described in section 

2422(b) of title 18, United States Code); 

(iii) transportation with intent to engage in criminal 

sexual activity (as described in section 2423(a)) of title 

18, United States Code; 

(iv) abusive sexual contact (as described in section 

2244 of title 18, United States Code); 

(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 

16 

(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, United 

States Code); or 

(ii) abusive sexual contact (as described in section 

2244 of title 18, United States Code) 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, United 

States Code) under section 1591, or chapter 109A, 110 

(other than section 2257, 2257A, or 2258), or 117, of 

title 18, United States Code; 

(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 title if it was not obtained with sufficient safeguards for fundamental fairness 

and due process for the accused under guidelines or regulations established under section 112. 

(C) OFFENSES INVOLVING CONSENSUAL SEXUAL CONDUCT.—An offense involving consensual sexual conduct is 

not a sex offense for the purposes of this title 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 PREDAVerDate Sep 11 2014 02:33 May 25, 2017 Jkt 069006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR142.XXX HR142
17 

TORS.—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, United States Code. 

(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 subsection (a) or (b) of section 2241 

of title 18, United States Code), 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 127, 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. 

* * * * * * * 

18 

SEC. 115. DURATION OF REGISTRATION REQUIREMENT. 

(a) FULL REGISTRATION PERIOD.—A sex offender shall keep the 

registration current for the full registration period (excluding any 

time the sex offender is in custody or civilly committed) unless the 

offender is allowed a reduction under subsection (b). The full registration period is— 

(1) 15 years, if the offender is a tier I sex offender; 

(2) 25 years, if the offender is a tier II sex offender; and 

(3) the life of the offender, if the offender is a tier III sex offender. 

(b) REDUCED PERIOD FOR CLEAN RECORD.— 

(1) CLEAN RECORD.—The full registration period shall be reduced as described in paragraph (3) for a sex offender who 

maintains a clean record for the period described in paragraph 

(2) by— 

(A) not being convicted of any offense for which imprisonment for more than 1 year may be imposed; 

(B) not being convicted of any sex offense; 

(C) successfully completing any periods of supervised release, probation, and parole; and 

(D) successfully completing of 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 ø25 years¿ 15 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. 

SEC. 116. PERIODIC IN PERSON VERIFICATION. 

øA sex offender shall¿ (a) IN GENERAL.—Except as provided in 

subsection (b), 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. 

(b) ALTERNATIVE VERIFICATION METHOD.—A jurisdiction may 

allow a sex offender to comply with the requirements under subsection (a) by an alternative verification method approved by the Attorney General, except that each offender shall appear in person not 

less than one time per year. The Attorney General shall approve an 

alternative verification method described in this subsection prior to 

its implementation by a jurisdiction in order to ensure that such 

19 

method provides for verification that is sufficient to ensure the public safety. 

* * * * * * * 

SEC. 118. PUBLIC ACCESS TO SEX OFFENDER INFORMATION 

THROUGH THE INTERNET. 

(a) IN GENERAL.—Except as provided in this section, each jurisdiction shall make available on the Internet, in a manner that is 

readily accessible to all jurisdictions and to the public, all information about each sex offender in the registry. The jurisdiction shall 

maintain the Internet site in a manner that will permit the public 

to obtain relevant information for each sex offender by a single 

query for any given zip code or geographic radius set by the user. 

The jurisdiction shall also include in the design of its Internet site 

all field search capabilities needed for full participation in the Dru 

Sjodin National Sex Offender Public Website and shall participate 

in that website as provided by the Attorney General. 

(b) MANDATORY EXEMPTIONS.—A jurisdiction shall exempt from 

disclosure— 

(1) the identity of any victim of a sex offense; 

(2) the Social Security number of the sex offender; 

(3) any reference to arrests of the sex offender that did not 

result in conviction; and 

(4) any other information exempted from disclosure by the 

Attorney General. 

(c) OPTIONAL EXEMPTIONS.—A jurisdiction may exempt from disclosure— 

(1) any information about a tier I sex offender convicted of 

an offense other than a specified offense against a minor; 

(2) the name of an employer of the sex offender; 

(3) the name of an educational institution where the sex offender is a student; øand¿ 

(4) any information about a sex offender for whom the offense 

giving rise to the duty to register was an offense for which the 

offender was adjudicated delinquent; and 

ø(4)¿ (5) 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. 

* * * * * * * 

SEC. 125. FAILURE OF JURISDICTION TO COMPLY. 

(a) IN GENERAL.—For any fiscal year after the end of the period 

for implementation, a øjurisdiction¿ State that fails, as determined 

by the Attorney General, to substantially implement this title shall 

not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the øjurisdiction¿ State under øsubpart 

20 

1 of part E¿ section 505(c) of title I of the Omnibus Crime Control 

and Safe Streets Act of 1968 ø(42 U.S.C. 3750 et seq.)¿ (42 U.S.C. 

3755(c)). 

(b) STATE CONSTITUTIONALITY.— 

(1) IN GENERAL.—When evaluating whether a øjurisdiction¿ 

State has substantially implemented this title, the Attorney 

General shall consider whether the øjurisdiction¿ State is unable to substantially implement this title because of a demonstrated inability to implement certain provisions that would 

place the øjurisdiction¿ State 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 øjurisdiction¿ State 

shall make good faith efforts to accomplish substantial implementation of this title and to reconcile any conflicts between 

this title and the jurisdiction’s constitution. In considering 

whether compliance with the requirements of this title 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 øjurisdiction¿ State concerning the jurisdiction’s interpretation of the jurisdiction’s constitution and rulings thereon by the jurisdiction’s highest court. 

(3) ALTERNATIVE PROCEDURES.—If the øjurisdiction¿ State is 

unable to substantially implement this title because of a limitation imposed by the jurisdiction’s constitution, the Attorney 

General may determine that the øjurisdiction¿ State is in compliance with this Act if the øjurisdiction¿ State has made, or 

is in the process of implementing reasonable alternative procedures or accommodations, which are consistent with the purposes of this Act. 

(4) FUNDING REDUCTION.—If a øjurisdiction¿ State does not 

comply with paragraph (3), then the øjurisdiction¿ State 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 øjurisdiction¿ State for failure to substantially implement this title shall be reallocated under that program to jurisdictions that have not failed to substantially implement this title or may be reallocated to a øjurisdiction¿ State from 

which they were withheld to be used solely for the purpose of implementing this title. 

(d) RULE OF CONSTRUCTION.—The provisions of this title 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. 

(e) CALCULATION OF ALLOCATION TO UNITS OF LOCAL GOVERNMENT.—Notwithstanding the formula under section 505(c) of the 

Omnibus Crime Control and Safe Streets Act 1968 (42 U.S.C. 

3755(c)), a State which is subject to a reduction in funding under 

subsection (a) shall— 

(1) calculate the amount to be made available to units of local 

government by the State pursuant to the formula under section 

505(c) using the amount that would otherwise be allocated to 

that State for that fiscal year under section 505(c) of that Act, 

21 

and make such amount available to such units of local government; and 

(2) retain for the purposes described in section 501 any 

amount remaining after the allocation required by paragraph 

(1). 

SEC. 126. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM. 

(a) IN GENERAL.—The Attorney General shall establish and implement a Sex Offender Management Assistance program (in this 

title 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 title. 

(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 title not later than 2 years after the date of the enactment of this Act 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 the date of enactment 

of this Act; and 

(2) 5 percent of such total, if not later than 2 years after that 

date. 

ø(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.¿ 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Attorney General $20,000,000 for each of the 

fiscal years 2018 through 2022, to be available only for the SOMA 

program. 

* * * * * * * 

Subtitle B—Improving Federal Criminal 

Law Enforcement To Ensure Sex Offender Compliance With Registration 

and Notification Requirements and Protection of Children From Violent Predators 

* * * * * * * 

SEC. 142. FEDERAL ASSISTANCE WITH RESPECT TO VIOLATIONS OF 

REGISTRATION REQUIREMENTS. 

(a) IN GENERAL.—The Attorney General shall use the resources 

of Federal law enforcement, including the United States Marshals 

22 

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, United States Code, a 

sex offender who violates a sex offender registration requirement 

shall be deemed a fugitive. 

ø(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.¿ 

(b) For each of fiscal years 2018 through 2022, of amounts made 

available to the United States Marshals Service, not less than 

$60,000,000 shall be available to carry out this section. 

* * * * * * * 

TITLE VI—GRANTS, STUDIES, AND PROGRAMS FOR CHILDREN AND COMMUNITY SAFETY 

* * * * * * * 

Subtitle C—Grants, Studies, and Other 

Provisions 

* * * * * * * 

SEC. 634. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES. 

(a) IN GENERAL.—The National Institute of Justice shall conduct 

a comprehensive study to examine the control, prosecution, treatment, and monitoring of sex offenders, with a particular focus on— 

(1) the effectiveness of the Sex Offender Registration and Notification Act in increasing compliance with sex offender registration and notification requirements, and the costs and burdens associated with such compliance; 

(2) the effectiveness of sex offender registration and notification requirements in increasing public safety, and the costs 

and burdens associated with such requirements; 

(3) the effectiveness of public dissemination of sex offender 

information on the Internet in increasing public safety, and the 

costs and burdens associated with such dissemination; and 

(4) the effectiveness of treatment programs in reducing recidivism among sex offenders, and the costs and burdens associated with such programs. 

(b) RECOMMENDATIONS.—The study described in subsection (a) 

shall include recommendations for reducing the number of sex 

crimes against children and adults and increasing the effectiveness 

of registration requirements. 

(c) REPORTS.— 

(1) IN GENERAL.—Not later than 5 years after the date of enactment of this Act, the National Institute of Justice shall report the results of the study conducted under subsection (a) together with findings to Congress, through the Internet to the 

public, to each of the 50 governors, to the Mayor of the District 

of Columbia, to territory heads, and to the top official of the 

various Indian tribes. 

23 

(2) INTERIM REPORTS.—The National Institute of Justice 

shall submit yearly interim reports. 

(3) ADDITIONAL REPORT.—Not later than one year after the 

date of enactment of the Adam Walsh Reauthorization Act of 

2017, the National Institute of Justice shall submit to Congress 

a report on the public safety impact, recidivism, and collateral 

consequences of long-term registration of juvenile sex offenders, 

based on the information collected for the study under subsection (a) and any other information the National Institute of 

Justice determines necessary for such report. 

(d) APPROPRIATIONS.—There are authorized to be appropriated 

$3,000,000 to carry out this section. 

SEC. 635. ANNUAL REPORT ON ENFORCEMENT OF REGISTRATION REQUIREMENTS. 

øNot later than July 1 of each year¿ On January 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 Act; 

(2) the use of section 2250 of title 18, United States Code (as 

added by section 151 of this Act), to punish offenders for failure to register; 

(3) a detailed explanation of each jurisdiction’s compliance 

with the Sex Offender Registration and Notification Act, and 

an analysis of any common reasons for noncompliance with 

such Act; 

(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 125; øand¿ 

(5) the denial or grant of any extensions to comply with the 

Sex Offender Registration and Notification Act, and the reasons for such denial or grantø.¿; 

(6) the number of sex offenders registered in the National Sex 

Offender Registry; 

(7) the number of sex offenders registered in the National Sex 

Offender Registry who— 

(A) are adults; 

(B) are juveniles; and 

(C) are adults, but who are required to register as a result of conduct committed as a juvenile; and 

(8) to the extent such information is obtainable, of the number 

of sex offenders registered in the National Sex Offender Registry 

who are juveniles— 

(A) the percentage of such offenders who were adjudicated delinquent; and 

(B) the percentage of such offenders who were prosecuted 

as adults. 

* * * * * * * 

24 

TITLE 18, UNITED STATES CODE 

* * * * * * * 

PART I—CRIMES 

* * * * * * * 

CHAPTER 110—SEXUAL EXPLOITATION AND OTHER 

ABUSE OF CHILDREN 

* * * * * * * 

§ 2255. Civil remedy for personal injuries 

(a) IN GENERAL.—Any person who, while a minor, was a victim 

of a violation of section 1589, 1590, 1591, 2241(c), 2242, 2243, 2251, 

2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who 

suffers personal injury as a result of such violation, regardless of 

whether the injury occurred while such person was a minor, may 

sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the 

suit, including a reasonable attorney’s fee. Any person as described 

in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value. 

(b) STATUTE OF LIMITATIONS.—Any action commenced under this 

section shall be barred unless the complaint is filed within 10 years 

after the right of action first accrues or in the case of a person 

under a legal disability, not later than øthree years¿ 10 years after 

the disability ends. 

* * * * * * * 

PART II—CRIMINAL PROCEDURE 

* * * * * * * 

CHAPTER 207—RELEASE AND DETENTION PENDING 

JUDICIAL PROCEEDINGS 

* * * * * * * 

§ 3154. Functions and powers relating to pretrial services 

Pretrial services functions shall include the following: 

(1) Collect, verify, and report to the judicial officer, prior to 

the pretrial release hearing, information pertaining to the pretrial release of each individual charged with an offense, including information relating to any danger that the release of such 

person may pose to any other person or the community, and, 

where appropriate, include a recommendation as to whether 

such individual should be released or detained and, if release 

is recommended, recommend appropriate conditions of release; 

except that a district court may direct that information not be 

collected, verified, or reported under this paragraph on individuals charged with Class A misdemeanors as defined in section 

3559(a)(6) of this title. 

25 

(2) Review and modify the reports and recommendations 

specified in paragraph (1) of this section for persons seeking release pursuant to section 3145 of this chapter. 

(3) Supervise persons released into its custody under this 

chapter. 

(4) Operate or contract for the operation of appropriate facilities for the custody or care of persons released under this chapter including residential halfway houses, addict and alcoholic 

treatment centers, and counseling services, and contract with 

any appropriate public or private agency or person, or expend 

funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, 

including equipment and emergency housing, corrective and 

preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that 

such persons appear in court as required. 

(5) Inform the court and the United States attorney of all apparent violations of pretrial release conditions, arrests of persons released to the custody of providers of pretrial services or 

under the supervision of providers of pretrial services, and any 

danger that any such person may come to pose to any other 

person or the community, and recommend appropriate modifications of release conditions. 

(6) Serve as coordinator for other local agencies which serve 

or are eligible to serve as custodians under this chapter and 

advise the court as to the eligibility, availability, and capacity 

of such agencies. 

(7) Assist persons released under this chapter in securing 

any necessary employment, medical, legal, or social services. 

(8) Prepare, in cooperation with the United States marshal 

and the United States attorney such pretrial detention reports 

as are required by the provisions of the Federal Rules of Criminal Procedure relating to the supervision of detention pending 

trial. 

(9) Develop and implement a system to monitor and evaluate 

bail activities, provide information to judicial officers on the results of bail decisions, and prepare periodic reports to assist in 

the improvement of the bail process. 

(10) To the extent provided for in an agreement between a 

chief pretrial services officer in districts in which pretrial services are established under section 3152(b) of this title, or the 

chief probation officer in all other districts, and the United 

States attorney, collect, verify, and prepare reports for the 

United States attorney’s office of information pertaining to the 

pretrial diversion of any individual who is or may be charged 

with an offense, and perform such other duties as may be required under any such agreement. 

(11) Make contracts, to such extent and in such amounts as 

are provided in appropriation Acts, for the carrying out of any 

pretrial services functions. 

(12)(A) As directed by the court and to the degree required 

by the regimen of care or treatment ordered by the court as a 

condition of release, keep informed as to the conduct and provide supervision of a person conditionally released under the 

provisions of section 4243 øor 4246¿, 4246, or 4248 of this title, 

26 

and report such person’s conduct and condition to the court ordering release and the Attorney General or his designee. 

(B) Any violation of the conditions of release shall immediately be reported to the court and the Attorney General or 

his designee. 

(13) If approved by the district court, be authorized to carry 

firearms under such rules and regulations as the Director of 

the Administrative Office of the United States Courts may prescribe. 

(14) Perform, in a manner appropriate for juveniles, any of 

the functions identified in this section with respect to juveniles 

awaiting adjudication, trial, or disposition under chapter 403 of 

this title who are not detained. 

(15) Perform such other functions as specified under this 

chapter. 

* * * * * * * 

CHAPTER 229—POSTSENTENCE ADMINISTRATION 

SUBCHAPTER A—PROBATION 

* * * * * * * 

§ 3603. Duties of probation officers 

A probation officer shall— 

(1) instruct a probationer or a person on supervised release, 

who is under his supervision, as to the conditions specified by 

the sentencing court, and provide him with a written statement clearly setting forth all such conditions; 

(2) keep informed, to the degree required by the conditions 

specified by the sentencing court, as to the conduct and condition of a probationer or a person on supervised release, who is 

under his supervision, and report his conduct and condition to 

the sentencing court; 

(3) use all suitable methods, not inconsistent with the conditions specified by the court, to aid a probationer or a person 

on supervised release who is under his supervision, and to 

bring about improvements in his conduct and condition; 

(4) be responsible for the supervision of any probationer or 

a person on supervised release who is known to be within the 

judicial district; 

(5) keep a record of his work, and make such reports to the 

Director of the Administrative Office of the United States 

Courts as the Director may require; 

(6) upon request of the Attorney General or his designee, assist in the supervision of and furnish information about, a person within the custody of the Attorney General while on work 

release, furlough, or other authorized release from his regular 

place of confinement, or while in prerelease custody pursuant 

to the provisions of section 3624(c); 

(7) keep informed concerning the conduct, condition, and 

compliance with any condition of probation, including the payment of a fine or restitution of each probationer under his supervision and report thereon to the court placing such person 

on probation and report to the court any failure of a probaVerDate Sep 11 2014 02:33 May 25, 2017 Jkt 069006 PO 00000 Frm 00026 Fmt 6659 Sfmt 6601 E:\HR\OC\HR142.XXX HR142
27 

1Pub. L. No. 109–248 (2006). 

2 Combating Crimes Against Children—Assessing the Legal Landscape: Hearing Before the 

Subcomm. on Crime, Terrorism, Homeland Security, and Investigations of the H. Comm. on the 

Judiciary, 115th Cong. (2017); The Reauthorization of the Adam Walsh Act: Hearing Before the 

Subcomm. on Crime, Terrorism and Homeland Security of the H. Comm. on the Judiciary, 112th 

Cong. (2011). 

tioner under his supervision to pay a fine in default within 

thirty days after notification that it is in default so that the 

court may determine whether probation should be revoked; 

(8)(A) when directed by the court, and to the degree required 

by the regimen of care or treatment ordered by the court as a 

condition of release, keep informed as to the conduct and provide supervision of a person conditionally released under the 

provisions of section 4243 øor 4246¿, 4246, or 4248 of this title, 

and report such person’s conduct and condition to the court ordering release and to the Attorney General or his designee; 

and 

(B) immediately report any violation of the conditions of release to the court and the Attorney General or his designee; 

(9) if approved by the district court, be authorized to carry 

firearms under such rules and regulations as the Director of 

the Administrative Office of the United States Courts may prescribe; and 

(10) perform any other duty that the court may designate. 

* * * * * * * 

Additional Views 

We support H.R. 1188, the ‘‘Adam Walsh Reauthorization Act of 

2017,’’ which reauthorizes funds for certain grant programs originally established by the Adam Walsh Child Protection and Safety 

Act of 20061 (Adam Walsh Act) and reduces the duration of sex offender registration requirements for certain juveniles from 25 years 

to 15 years. Although the bill reauthorizes two important grant 

programs and is an improvement over current law, we are disappointed that it fails to take the opportunity to address many of 

the problems that jurisdictions encounter when trying to implement the Sex Offender Registration and Notification Act (SORNA), 

which is codified in title I of the Adam Walsh Act. We write separately to highlight some of the concerns we continue to have with 

SORNA. 

The Subcommittee on Crime, Terrorism, Homeland Security, and 

Investigations (Subcommittee) has held two oversight hearings in 

recent years related to issues presented by the legislation.2 Much 

of the discussion at these hearings focused on SORNA, which created a national registry for all sex offenders. States and advocates 

have informed the Committee of the numerous obstacles that jurisdictions encounter when attempting to implement SORNA. Although H.R. 1188 is an improvement over current law, it does not 

fully address the myriad of persistent problems with SORNA. 

For many years, those who originally advocated for sex offender 

registration and notification, along with state governments, policy 

makers, and other stakeholders have raised several issues with the 

federal standards of sex offender registration and notification. 

Issues involving the overarching noncompliance of states with 

SORNA requirements include: the cost of implementation; rigid, 

28 

3Donna Lyons, Director, Criminal Justice Program, National Conference of State Legislatures. 

Sex Offender Law: Down to the Wire. (June 2011). 4 42 U.S.C. § 16925 (2017). 

5 42 U.S.C. § 16925(c) (2017) allows jurisdictions that lose funds for failure to substantially implement SORNA to receive the funds solely for implementation of SORNA. 6SORNA established the Sex Offender Management Assistance (SOMA) program to award 

grants to jurisdictions to offset the costs of implementing SORNA; See 42 U.S.C. § 3796dd(b)(14) 

(2017); Nathan James, Community Oriented Policing Services (COPS): Background, Legislation, 

and Funding, Congressional Research Serv, Report, RL33308 (Jan. 4, 2011). 7Letter from the State of Texas, Office of the Governor, to Linda M. Baldwin, Director, 

SMART Office (Aug. 17, 2011). 8 42 U.S.C. § 16911(8) (2017). SORNA requires registration of juveniles who are adjudicated 

delinquent for offenses equivalent to or more severe than aggravated sexual abuse (as described 

in 18 U.S.C. § 2241) who were 14 years old or older at the time of the offense. 9 Andrew J. Harris & Christopher Lobanov-Rostovsky. National Sex Offender Registration and 

Notification Act (SORNA) Implementation Inventory: Preliminary Results. (July 2016). 

one-size-fits-all standards; disagreement with the inclusion of juveniles; SORNA’s preemption of state classification systems, many of 

which are more stringent than SORNA, for one based solely on offense or conviction; conviction-based tiers of offenders; retroactivity; 

notification of offenders’ international travel; SORNA’s onerous 

verification and notification requirements; and registration of sex 

offenders in the military. The overall effectiveness of SORNA has 

also been called into question, with many critics arguing that state 

systems are better than SORNA and that the federal standards are 

overzealous.3

To achieve substantial implementation status, a state must have 

policies that either fully meet or do not substantially disserve the 

purpose of each standard. States that fall short of these criteria for 

one or more standards do not receive substantial implementation 

status. States that fail to substantially implement SORNA face a 

ten percent reduction to the state portion of federal Edward Byrne 

Memorial Justice Assistance Grant funding.4 Although several 

states have chosen to accept this penalty, the majority of noncompliant states have applied to have these funds reallocated and 

used to implement SORNA.5

SORNA is an unfunded federal mandate on states, territories, 

and tribes that requires most jurisdictions to make significant, 

costly changes to their existing registries and governing legislation 

to meet SORNA requirements. SORNA authorized grants for states 

to assist with the implementation of Sex Offender Registry requirements and Community Oriented Policing Services (COPS) grantees 

may use grant funds to ensure sex offender registration and notification compliance.6 Yet, the costs to states for implementing and 

maintaining a SORNA compliant registry far exceed the amounts 

received in federal funding. Some states actually save money by 

not implementing SORNA, regardless of losing Byrne JAG funding. 

For example, Texas estimated that ‘‘implementation of all SORNA’s 

requirements would cost Texas more than 30 times the amount of 

federal funds that the federal government has threatened to withhold from Texas if it fails to comply.’’ 7

Certain juveniles, adjudicated delinquent of a sex offense, must 

be included on registries under SORNA.8 The juvenile registration 

and reporting requirement is one of the most common obstacles to 

states’ substantial implementation of SORNA. States that do not 

meet the SORNA standard requiring jurisdictions to include various types of sex offenders are typically cited for failure to include 

certain juveniles on their registries.9

29 

10DEP’T OF JUSTICE, Office of Justice Programs, Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking, SMART Summary: Prosecution, Transfer, and 

Registration of Serious Juvenile Sex Offenders (2015). 11DEP’T OF JUSTICE, Office of the Attorney General, Supplemental Guidelines for Juvenile 

Registration Under the Sex Offender Registration and Notification Act, 81 Fed.Reg. 50,552 (Aug. 

1, 2016). 12 Human Rights Watch. Raised on the Registry: The Irreparable Harm of Placing Children 

on Sex Offender Registries in the U.S. (2013); Nicole Pittman, The Center on Youth Registration 

Reform at Impact Justice. Removing Children from the Adam Walsh Act. 13Letter to Chairman Bob Goodlatte, Ranking Member Conyers, & Members, House Judiciary 

Committee from Impact Justice, National Alliance to End Sexual Violence, R Street Institute, 

Stop Child Predators et al. (Mar. 22, 2017) (citing Sharon E. Denniston & Michael F. Caldwell, 

Answering the Call to Study the Effects of Juvenile SORN: Lessons from Two Studies, Presented 

October 15, 2015 at the ATSA 34th Annual Research and Treatment Conference, Montreal, Quebec, Canada). 

According to the Office of Sentencing, Monitoring, Apprehending, 

Registering, and Tracking (SMART) report published in September 

of 2015, 11 states have chosen not to comply with this mandate, 

which means that these states do not register any juveniles adjudicated delinquent of a sex offense. In addition, 26 states mandate 

juvenile registration pursuant to SORNA standards; 11 make registration discretionary; and three operate a hybrid registration determination that combines the nature of the offense and other criteria.10 Of the states that register juveniles, 16 mandate public registry website posting, nine make posting discretionary, and 15 prohibit posting. The SMART Office issued the Juvenile Supplemental 

Guidelines to SORNA on August 1, 2016, which permit the office 

to expand the substantial implementation inquiry and review additional factors set forth in the Guidelines if a jurisdiction does not 

conform to SORNA juvenile registration requirements.11

Several states and advocacy groups object to the juvenile requirement without inclusion of judicial discretion. Other states and advocacy groups would rather exclude juveniles from registration 

completely. SORNA, as applied to youth, undermines the fundamental purpose and objective of the juvenile justice system by removing the confidentiality and rehabilitative emphasis of juvenile 

intervention. Hundreds of thousands of children from juvenile 

courts, some as young as eight years old, have been placed on sexoffense registries despite the lack of evidence that registration has 

any deterrent effect on youth or promotes public safety. These 

young people face psychological harm, social alienation, and longlasting life obstacles as a result of registration. Some are forced 

from their homes due to housing restrictions or even separated 

from their family units.12

Research shows that juvenile sexual offending is very different 

from adult sexual offending and that registering youth is not an effective response to their conduct or an appropriate method to prevent youth sexual offending. The motives behind their offenses are 

different from those of most adults who commit sexual offenses. An 

overwhelming percentage of youth who are accused of sex offenses 

do not reoffend sexually, especially when provided with appropriate 

treatment. As referenced in a letter sent to members of the Judiciary Committee, ‘‘studies found that, regardless of the severity of 

the sex offense, 97 percent of all youth never reoffend sexually.’’ 13

Rather than seeking to fully exclude juveniles from registration 

during the Committee’s consideration of this bill, Ranking Member, 

John Conyers, Jr., offered a compromise amendment that would 

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30 

14More than 100 published studies evaluating the recidivism rates of youth who have sexually 

offended: the weighted 5-year sexual recidivism rate for recent years was 2.75%. Michael 

Caldwell, Quantifying the Decline in Juvenile Sexual Recidivism Rates. 22 PSYCHOLOGY, PUB. POL’Y & L. 414 (2016); Michael Caldwell, Study Characteristics and Recidivism. INT’L J. OF OFFENDER THERAPY & COMP. CRIMINOLOGY, 54, 197–212 (2010). 15 Naomi J. Freeman & Jeffrey C. Sandler, The Adam Walsh Act: A False Sense of Security 

or an Effective Public Policy Initiative, 21 CRIMINAL JUSTICE POL’Y REV. 1 (Mar. 2010). 

istration of juveniles adjudicated delinquent for sex offenses. Many 

more states would be in compliance if they were allowed to make 

the decision as to whether to include juveniles in their registries. 

Unfortunately, the amendment failed by a vote of 11 to 15. Similarly, an amendment offered by Subcommittee Ranking Member 

Sheila Jackson Lee that would have given judges the discretion to 

decide whether adjudicated juveniles should be required to register 

also failed by a vote of 11 to 17. Fortunately, another amendment 

offered by Ranking Member Jackson Lee, which requires the National Institute of Justice to prepare and submit a report on the 

public safety, recidivism, and collateral consequences of long-term 

registration of juveniles, passed by voice vote. Hopefully, that report will support review and future revision of the SORNA guidelines as applied to juveniles. 

While section 4 of H.R. 1188 addresses juvenile registration by 

shortening the time period after which a juvenile can petition to be 

taken off the sex offender registry, it does little to assist states in 

achieving SORNA compliance. Under this provision, the time period is shortened from 25 years to 15 years, which means that a 

14-year old who is placed on the registry would have to wait until 

age 29 to ask to be removed, despite the fact that research suggests 

that registration in the first place is counter-productive for juveniles since their recidivism rate is less than 3 percent.14 Section 4 

is an improvement to an otherwise overly harsh and counterproductive policy, but it does not go far enough. 

In addition to the issues with respect to juvenile registration, 

SORNA’s overall prescriptive scheme has proven overly burdensome and expensive to law enforcement, who are charged with carrying out these requirements. For example, SORNA requires that 

some sex offenders appear in person and verify the information 

every three months. States, in conjunction with their local law enforcement, should be given the discretion to decide how often a sex 

offender’s address should be verified, and how to notify its community about the presence of a sex offender. Similarly, a state should 

be able to determine whether it places people on its registry retroactively. Law enforcement is required to monitor too many people, 

leaving communities vulnerable. A recent study by the R Street Institute found that registering youth costs as much as $3 billion per 

year nationally. Cluttering registries with low-risk individuals, like 

adolescents or adults required to register for offenses committed in 

their youth, lessens the effectiveness of the registries by consuming 

resources that could be spent elsewhere. Time and money that 

could be used for supervision of high-risk offenders and training officers in preventive measures is spent monitoring individuals who 

are unlikely to reoffend.15

While the previously discussed issues are the primary reasons 

that so few jurisdictions have been able to comply with SORNA, 

many more states would be able to comply with just a few changes 

that H.R. 1188 fails to address. Virtually all of the changes that 

31 

16Kristen M. Zgoba et al., A Multi-State Recidivism Study Using Static-99R and Static-2002 

Risk Scores and Tier Guidelines from the Adam Walsh Act, Research Report Submitted to the 

National Institute of Justice, at 1 (Nov. 2012). 

should be made are based on giving states discretion in decisions 

concerning sex offenders within their own states. For example, 

many more states would be in compliance if they were allowed to 

modify their existing classification systems to comply with SORNA. 

Researchers have questioned whether the SORNA classification 

scheme is best. One study indicated that SORNA’s tier classification ‘‘is a poor indicator of relative risk and is likely to result in 

a system that is less effective in protecting the public’’ than the 

classification systems currently implemented in the states studied, 

and encouraged broader inclusion of ‘‘evidence-based models of sex 

offender risk assessment and management.’’ 16 Furthermore, the 

Attorney General should have discretion to determine whether to 

impose the Byrne JAG penalty on a jurisdiction, and how much of 

a penalty to assess. This would allow the Attorney General to take 

into account the efforts that a jurisdiction has made toward complying with SORNA, even if the SMART Office has not yet found 

it to be in compliance. Section 6 of the bill only insulates local governments from suffering losses of Byrne JAG funding as a result 

of their state’s failure to comply with SORNA. 

Finally, H.R. 1188 does not re-authorize all of the grant programs in the Adam Walsh Act and excludes some critical programs, 

such as grants for the treatment of sex offenders while incarcerated 

within the Bureau of Prisons and grants for juvenile sex offenders. 

For these reasons, we support the grant reauthorizations provided for in this bill and the reduction of the juvenile registration 

duration, but believe the Committee missed the opportunity to address significant SORNA issues that have persisted since enactment of the Adam Walsh Act. 

MR. CONYERS, JR. 

MS. LOFGREN. 

MS. JACKSON LEE. MR. JOHNSON, JR. 

MR. GUTIERREZ. MR. RICHMOND. 

MR. JEFFRIES. 

Æ