In the House of Representatives, U. S., 

September 27, 2008. 

Resolved, That the bill from the Senate (S. 431) entitled 

‘‘An Act to require convicted sex offenders to register online 

identifiers, and for other purposes.’’, do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Keeping the Internet 

3 Devoid of Sexual Predators Act of 2008’’ or the ‘‘KIDS Act 

4 of 2008’’. 

5 SEC. 2. DIRECTION TO THE ATTORNEY GENERAL. 

6 (a) REQUIREMENT THAT SEX OFFENDERS PROVIDE

7 CERTAIN INTERNET RELATED INFORMATION TO SEX OF8 FENDER REGISTRIES.—The Attorney General, using the 

9 authority provided in section 114(a)(7) of the Sex Offender 

10 Registration and Notification Act, shall require that each 

11 sex offender provide to the sex offender registry those Inter12 net identifiers the sex offender uses or will use of any type 

13 that the Attorney General determines to be appropriate 

14 under that Act. These records of Internet identifiers shall 

15 be subject to the Privacy Act (5 U.S.C. 552a) to the same 
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1 extent as the other records in the National Sex Offender 

2 Registry. 

3 (b) TIMELINESS OF REPORTING OF INFORMATION.— 

4 The Attorney General, using the authority provided in sec5 tion 112(b) of the Sex Offender Registration and Notifica6 tion Act, shall specify the time and manner for keeping cur7 rent information required to be provided under this section. 

8 (c) NONDISCLOSURE TO GENERAL PUBLIC.—The At9 torney General, using the authority provided in section 

10 118(b)(4) of the Sex Offender Registration and Notification 

11 Act, shall exempt from disclosure all information provided 

12 by a sex offender under subsection (a). 

13 (d) NOTICE TO SEX OFFENDERS OF NEW REQUIRE14 MENTS.—The Attorney General shall ensure that procedures 

15 are in place to notify each sex offender of changes in re16 quirements that apply to that sex offender as a result of 

17 the implementation of this section. 

18 (e) DEFINITIONS.— 

19 (1) OF ‘‘SOCIAL NETWORKING WEBSITE’’.—As 

20 used in this Act, the term ‘‘social networking 

21 website’’— 

22 (A) means an Internet website— 

23 (i) that allows users, through the cre24 ation of web pages or profiles or by other 

25 means, to provide information about them-
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1 selves that is available to the public or to 

2 other users; and 

3 (ii) that offers a mechanism for com4 munication with other users where such 

5 users are likely to include a substantial 

6 number of minors; and 

7 (iii) whose primary purpose is to fa8 cilitate online social interactions; and 

9 (B) includes any contractors or agents used 

10 by the website to act on behalf of the website in 

11 carrying out the purposes of this Act. 

12 (2) OF ‘‘INTERNET IDENTIFIERS’’.—As used in 

13 this Act, the term ‘‘Internet identifiers’’ means elec14 tronic mail addresses and other designations used for 

15 self-identification or routing in Internet communica16 tion or posting. 

17 (3) OTHER TERMS.—A term defined for the pur18 poses of the Sex Offender Registration and Notifica19 tion Act has the same meaning in this Act. 

20 SEC. 3. CHECKING SYSTEM FOR SOCIAL NETWORKING 

21 WEBSITES. 

22 (a) IN GENERAL.— 

23 (1) SECURE SYSTEM FOR COMPARISONS.—The 

24 Attorney General shall establish and maintain a se25 cure system that permits social networking websites to 
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1 compare the information contained in the National 

2 Sex Offender Registry with the Internet identifiers of 

3 users of the social networking websites, and view only 

4 those Internet identifiers that match. The system— 

5 (A) shall not require or permit any social 

6 networking website to transmit Internet identi7 fiers of its users to the operator of the system, 

8 and 

9 (B) shall use secure procedures that preserve 

10 the secrecy of the information made available by 

11 the Attorney General, including protection meas12 ures that render the Internet identifiers and 

13 other data elements indecipherable. 

14 (2) PROVISION OF INFORMATION RELATING TO

15 IDENTITY.—Upon receiving a matched Internet iden16 tifier, the social networking website may make a re17 quest of the Attorney General for, and the Attorney 

18 General shall provide promptly, information related 

19 to the identity of the individual that has registered 

20 the matched Internet identifier. This information is 

21 limited to the name, sex, resident address, photo22 graph, and physical description. 

23 (b) QUALIFICATION FOR USE OF SYSTEM.—A social 

24 networking website seeking to use the system shall submit 

25 an application to the Attorney General which provides— 
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1 (1) the name and legal status of the website; 

2 (2) the contact information for the website; 

3 (3) a description of the nature and operations of 

4 the website; 

5 (4) a statement explaining why the website seeks 

6 to use the system; 

7 (5) a description of policies and procedures to 

8 ensure that— 

9 (A) any individual who is denied access to 

10 that website on the basis of information obtained 

11 through the system is promptly notified of the 

12 basis for the denial and has the ability to chal13 lenge the denial of access; and 

14 (B) if the social networking website finds 

15 that information is inaccurate, incomplete, or 

16 cannot be verified, the site immediately notifies 

17 the appropriate State registry and the Depart18 ment of Justice, so that they may delete or cor19 rect that information in the respective State and 

20 national databases; 

21 (6) the identity and address of, and contact in22 formation for, any contractor that will be used by the 

23 social networking website to use the system; and 
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1 (7) such other information or attestations as the 

2 Attorney General may require to ensure that the 

3 website will use the system— 

4 (A) to protect the safety of the users of such 

5 website; and 

6 (B) for the limited purpose of making the 

7 automated comparison described in subsection 

8 (a). 

9 (c) SEARCHES AGAINST THE SYSTEM.— 

10 (1) FREQUENCY OF USE OF THE SYSTEM.—A so11 cial networking website approved by the Attorney 

12 General to use the system may conduct searches under 

13 the system as frequently as the Attorney General may 

14 allow. 

15 (2) AUTHORITY OF ATTORNEY GENERAL TO SUS16 PEND USE.—The Attorney General may deny, sus17 pend, or terminate use of the system by a social net18 working website that— 

19 (A) provides false information in its appli20 cation for use of the system; 

21 (B) may be using or seeks to use the system 

22 for any unlawful or improper purpose; 

23 (C) fails to comply with the procedures re24 quired under subsection (b)(5); or 
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1 (D) uses information obtained from the sys2 tem in any way that is inconsistent with the 

3 purposes of this Act. 

4 (3) LIMITATION ON RELEASE OF INTERNET IDEN5 TIFIERS.— 

6 (A) NO PUBLIC RELEASE.—Neither the At7 torney General nor a social networking website 

8 approved to use the system may release to the 

9 public any list of the Internet identifiers of sex 

10 offenders contained in the system. 

11 (B) ADDITIONAL LIMITATIONS.—The Attor12 ney General shall limit the release of informa13 tion obtained through the use of the system estab14 lished under subsection (a) by social networking 

15 websites approved to use such system. 

16 (C) STRICT ADHERENCE TO LIMITATION.— 

17 The use of the system established under sub18 section (a) by a social networking website shall 

19 be conditioned on the website’s agreement to ob20 serve the limitations required under this para21 graph. 

22 (D) RULE OF CONSTRUCTION.—This sub23 section shall not be construed to limit the author24 ity of the Attorney General under any other pro25 vision of law to conduct or to allow searches or 
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1 checks against sex offender registration informa2 tion. 

3 (4) PAYMENT OF FEE.—A social networking 

4 website approved to use the system shall pay any fee 

5 established by the Attorney General for use of the sys6 tem. 

7 (5) LIMITATION ON LIABILITY.— 

8 (A) IN GENERAL.—A civil claim against a 

9 social networking website, including any direc10 tor, officer, employee, parent, contractor, or 

11 agent of that social networking website, arising 

12 from the use by such website of the National Sex 

13 Offender Registry, may not be brought in any 

14 Federal or State court. 

15 (B) INTENTIONAL, RECKLESS, OR OTHER

16 MISCONDUCT.—Subparagraph (A) does not 

17 apply to a claim if the social networking website, 

18 or a director, officer, employee, parent, con19 tractor, or agent of that social networking 

20 website— 

21 (i) engaged in intentional misconduct; 

22 or 

23 (ii) acted, or failed to act— 

24 (I) with actual malice; 
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1 (II) with reckless disregard to a 

2 substantial risk of causing injury with3 out legal justification; or 

4 (III) for a purpose unrelated to 

5 the performance of any responsibility 

6 or function described in paragraph (3). 

7 (C) MINIMIZING ACCESS.—A social net8 working website shall minimize the number of 

9 employees that are provided access to the Inter10 net identifiers for which a match has been found 

11 through the system. 

12 (6) RULE OF CONSTRUCTION.—Nothing in this 

13 section shall be construed to require any Internet 

14 website, including a social networking website, to use 

15 the system, and no Federal or State liability, or any 

16 other actionable adverse consequence, shall be imposed 

17 on such website based on its decision not to do so. 

18 SEC. 4. MODIFICATION OF MINIMUM STANDARDS RE19 QUIRED FOR ELECTRONIC MONITORING 

20 UNITS USED IN SEXUAL OFFENDER MONI21 TORING PILOT PROGRAM. 

22 (a) IN GENERAL.—Subparagraph (C) of section 

23 621(a)(1) of the Adam Walsh Child Protection and Safety 

24 Act of 2006 (42 U.S.C. 16981(a)(1)) is amended to read 

25 as follows: 
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1 ‘‘(C) MINIMUM STANDARDS.—The electronic 

2 monitoring units used in the pilot program shall 

3 at a minimum— 

4 ‘‘(i) provide a tracking device for each 

5 offender that contains a central processing 

6 unit with global positioning system; and 

7 ‘‘(ii) permit continuous monitoring of 

8 offenders 24 hours a day.’’. 

9 (b) EFFECTIVE DATE.— The amendment made by sub10 section (a) shall apply to grants provided on or after the 

11 date of the enactment of this Act. 

Attest: 

Clerk. 

110TH CONGRESS 

2D SESSION S. 431 

AMENDMENT