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(C) OFFENSES
INVOLVING
CONSENSUAL
SEXUAL CONDUCT.—An offense involving consen-
sual 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 author-
ity 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 of-
fense’’ means a State, local, tribal, foreign, or mili-
tary 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 OF-
FENSES BY CHILD PREDATORS.—The term ‘‘specified
offense against a minor’’ means an offense against a
minor that involves any of the following:
(A) An offense (unless committed by a par-
ent or guardian) involving kidnapping.
(B) An offense (unless committed by a par-
ent or guardian) involving false imprisonment.
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(C) Solicitation to engage in sexual con-
duct.
(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
JUVE-
NILE
ADJUDICATIONS.—The term ‘‘convicted’’ or a
variant thereof, used with respect to a sex offense, in-
cludes 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 adju-
dicated was comparable to or more severe than aggra-
vated sexual abuse (as described in 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,
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and a notification program, maintained by a juris-
diction.
(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 recog-
nized 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 in-
stitution 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 individ-
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ual’s home or other place where the individual habit-
ually lives.
(14) MINOR.—The term ‘‘minor’’ means an indi-
vidual who has not attained the age of 18 years.
SEC. 112. REGISTRY REQUIREMENTS FOR JURISDICTIONS.
(a) JURISDICTION TO MAINTAIN A REGISTRY.—Each
jurisdiction shall maintain a jurisdiction-wide sex offender
registry conforming to the requirements of this title.
(b) GUIDELINES AND REGULATIONS.—The Attorney
General shall issue guidelines and regulations to interpret
and implement this title.
SEC. 113. REGISTRY REQUIREMENTS FOR SEX OFFENDERS.
(a) IN GENERAL.—A sex offender shall register, and
keep the registration current, in each jurisdiction where the
offender resides, where the offender is an employee, and
where the offender is a student. For initial registration pur-
poses only, a sex offender shall also register in the jurisdic-
tion in which convicted if such jurisdiction is different from
the jurisdiction of residence.
(b) INITIAL REGISTRATION.—The sex offender shall
initially register—
(1) before completing a sentence of imprisonment
with respect to the offense giving rise to the registra-
tion requirement; or
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(2) not later than 3 business days after being
sentenced for that offense, if the sex offender is not
sentenced to a term of imprisonment.
(c) KEEPING THE REGISTRATION CURRENT.—A sex of-
fender shall, not later than 3 business days after each
change of name, residence, employment, or student status,
appear in person in at least 1 jurisdiction involved pursu-
ant to subsection (a) and inform that jurisdiction of all
changes in the information required for that offender in the
sex offender registry. That jurisdiction shall immediately
provide that information to all other jurisdictions in which
the offender is required to register.
(d) INITIAL REGISTRATION OF SEX OFFENDERS UN-
ABLE TO COMPLY WITH SUBSECTION (b).—The Attorney
General shall have the authority to specify the applicability
of the requirements of this title to sex offenders convicted
before the enactment of this Act or its implementation in
a particular jurisdiction, and to prescribe rules for the reg-
istration of any such sex offenders and for other categories
of sex offenders who are unable to comply with subsection
(b).
(e) STATE PENALTY FOR FAILURE TO COMPLY.—Each
jurisdiction, other than a Federally recognized Indian tribe,
shall provide a criminal penalty that includes a maximum
term of imprisonment that is greater than 1 year for the
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failure of a sex offender to comply with the requirements
of this title.
SEC. 114. INFORMATION REQUIRED IN REGISTRATION.
(a) PROVIDED BY THE OFFENDER.—The sex offender
shall provide the following information to the appropriate
official for inclusion in the sex offender registry:
(1) The name of the sex offender (including any
alias used by the individual).
(2) The Social Security number of the sex of-
fender.
(3) The address of each residence at which the
sex offender resides or will reside.
(4) The name and address of any place where the
sex offender is an employee or will be an employee.
(5) The name and address of any place where the
sex offender is a student or will be a student.
(6) The license plate number and a description
of any vehicle owned or operated by the sex offender.
(7) Any other information required by the Attor-
ney General.
(b) PROVIDED BY THE JURISDICTION.—The jurisdic-
tion in which the sex offender registers shall ensure that
the following information is included in the registry for that
sex offender:
(1) A physical description of the sex offender.
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(2) The text of the provision of law defining the
criminal offense for which the sex offender is reg-
istered.
(3) The criminal history of the sex offender, in-
cluding the date of all arrests and convictions; the
status of parole, probation, or supervised release; reg-
istration status; and the existence of any outstanding
arrest warrants for the sex offender.
(4) A current photograph of the sex offender.
(5) A set of fingerprints and palm prints of the
sex offender.
(6) A DNA sample of the sex offender.
(7) A photocopy of a valid driver’s license or
identification card issued to the sex offender by a ju-
risdiction.
(8) Any other information required by the Attor-
ney General.
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 reduc-
tion under subsection (b). The full registration period is—
(1) 15 years, if the offender is a tier I sex of-
fender;
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(2) 25 years, if the offender is a tier II sex of-
fender; 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 pe-
riod 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 appro-
priate 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 de-
linquent for the offense which required registra-
tion in a sex registry under this title, the period
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during which the clean record shall be main-
tained is 25 years.
(3) REDUCTION.—In the case of—
(A) a tier I sex offender, the reduction is 5
years;
(B) a tier III sex offender adjudicated de-
linquent, the reduction is from life to that period
for which the clean record under paragraph (2)
is maintained.
SEC. 116. PERIODIC IN PERSON VERIFICATION.
A sex offender shall appear in person, allow the juris-
diction to take a current photograph, and verify the infor-
mation 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 of-
fender;
(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.
SEC. 117. DUTY TO NOTIFY SEX OFFENDERS OF REGISTRA-
TION REQUIREMENTS AND TO REGISTER.
(a) IN GENERAL.—An appropriate official shall, short-
ly before release of the sex offender from custody, or, if the
sex offender is not in custody, immediately after the sen-
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tencing of the sex offender, for the offense giving rise to the
duty to register—
(1) inform the sex offender of the duties of a sex
offender under this title and explain those duties;
(2) require the sex offender to read and sign a
form stating that the duty to register has been ex-
plained and that the sex offender understands the reg-
istration requirement; and
(3) ensure that the sex offender is registered.
(b) NOTIFICATION OF SEX OFFENDERS WHO CANNOT
COMPLY WITH SUBSECTION (a).—The Attorney General
shall prescribe rules for the notification of sex offenders who
cannot be registered in accordance with subsection (a).
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 rel-
evant 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 Inter-
net site all field search capabilities needed for full partici-
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pation 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 of-
fender;
(3) any reference to arrests of the sex offender
that did not result in conviction; and
(4) any other information exempted from disclo-
sure by the Attorney General.
(c) OPTIONAL EXEMPTIONS.—A jurisdiction may ex-
empt from disclosure—
(1) any information about a tier I sex offender
convicted of an offense other than a specified offense
against a minor;
(2) the name of an employer of the sex offender;
(3) the name of an educational institution where
the sex offender is a student; and
(4) any other information exempted from disclo-
sure by the Attorney General.
(d) LINKS.—The site shall include, to the extent prac-
ticable, links to sex offender safety and education resources.
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(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 re-
ported address. The warning shall note that any such action
could result in civil or criminal penalties.
SEC. 119. NATIONAL SEX OFFENDER REGISTRY.
(a) INTERNET.—The Attorney General shall maintain
a national database at the Federal Bureau of Investigation
for each sex offender and any other person required to reg-
ister in a jurisdiction’s sex offender registry. The database
shall be known as the National Sex Offender Registry.
(b) ELECTRONIC FORWARDING.—The Attorney Gen-
eral shall ensure (through the National Sex Offender Reg-
istry or otherwise) that updated information about a sex
offender is immediately transmitted by electronic for-
warding to all relevant jurisdictions.
SEC. 120. DRU SJODIN NATIONAL SEX OFFENDER PUBLIC
WEBSITE.
(a) ESTABLISHMENT.—There is established the Dru
Sjodin National Sex Offender Public Website (hereinafter
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in this section referred to as the ‘‘Website’’), which the At-
torney General shall maintain.
(b) INFORMATION TO BE PROVIDED.—The Website
shall include relevant information for each sex offender and
other person listed on a jurisdiction’s Internet site. The
Website shall allow the public to obtain relevant informa-
tion for each sex offender by a single query for any given
zip code or geographical radius set by the user in a form
and with such limitations as may be established by the At-
torney General and shall have such other field search capa-
bilities as the Attorney General may provide.
SEC. 121. MEGAN NICOLE KANKA AND ALEXANDRA NICOLE
ZAPP COMMUNITY NOTIFICATION PROGRAM.
(a) ESTABLISHMENT OF PROGRAM.—There is estab-
lished the Megan Nicole Kanka and Alexandra Nicole Zapp
Community Notification Program (hereinafter in this sec-
tion referred to as the ‘‘Program’’).
(b) PROGRAM NOTIFICATION.—Except as provided in
subsection (c), immediately after a sex offender registers or
updates a registration, an appropriate official in the juris-
diction shall provide the information in the registry (other
than information exempted from disclosure by the Attorney
General) about that offender to the following:
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(1) The Attorney General, who shall include that
information in the National Sex Offender Registry or
other appropriate databases.
(2) Appropriate law enforcement agencies (in-
cluding probation agencies, if appropriate), and each
school and public housing agency, in each area in
which the individual resides, is an employee or is a
student.
(3) Each jurisdiction where the sex offender re-
sides, is an employee, or is a student, and each juris-
diction from or to which a change of residence, em-
ployment, or student status occurs.
(4) Any agency responsible for conducting em-
ployment-related background checks under section 3 of
the National Child Protection Act of 1993 (42 U.S.C.
5119a).
(5) Social service entities responsible for pro-
tecting minors in the child welfare system.
(6) Volunteer organizations in which contact
with minors or other vulnerable individuals might
occur.
(7) Any organization, company, or individual
who requests such notification pursuant to procedures
established by the jurisdiction.
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(c) FREQUENCY.—Notwithstanding subsection (b), an
organization or individual described in subsection (b)(6) or
(b)(7) may opt to receive the notification described in that
subsection no less frequently than once every five business
days.
SEC. 122. ACTIONS TO BE TAKEN WHEN SEX OFFENDER
FAILS TO COMPLY.
An appropriate official shall notify the Attorney Gen-
eral and appropriate law enforcement agencies of any fail-
ure by a sex offender to comply with the requirements of
a registry and revise the jurisdiction’s registry to reflect the
nature of that failure. The appropriate official, the Attorney
General, and each such law enforcement agency shall take
any appropriate action to ensure compliance.
SEC. 123. DEVELOPMENT AND AVAILABILITY OF REGISTRY
MANAGEMENT AND WEBSITE SOFTWARE.
(a) DUTY TO DEVELOP AND SUPPORT.—The Attorney
General shall, in consultation with the jurisdictions, de-
velop and support software to enable jurisdictions to estab-
lish and operate uniform sex offender registries and Inter-
net sites.
(b) CRITERIA.—The software should facilitate—
(1) immediate exchange of information among
jurisdictions;
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(2) public access over the Internet to appropriate
information, including the number of registered sex
offenders in each jurisdiction on a current basis;
(3) full compliance with the requirements of this
title; and
(4) communication of information to community
notification program participants as required under
section 121.
(c) DEADLINE.—The Attorney General shall make the
first complete edition of this software available to jurisdic-
tions within 2 years of the date of the enactment of this
Act.
SEC. 124. PERIOD FOR IMPLEMENTATION BY JURISDIC-
TIONS.
(a) DEADLINE.—Each jurisdiction shall implement
this title before the later of—
(1) 3 years after the date of the enactment of this
Act; and
(2) 1 year after the date on which the software
described in section 123 is available.
(b) EXTENSIONS.—The Attorney General may author-
ize up to two 1-year extensions of the deadline.
SEC. 125. FAILURE OF JURISDICTION TO COMPLY.
(a) IN GENERAL.—For any fiscal year after the end
of the period for implementation, a jurisdiction that fails,
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as determined by the Attorney General, to substantially im-
plement this title shall not receive 10 percent of the funds
that would otherwise be allocated for that fiscal year to the
jurisdiction under subpart 1 of part E of title I of the Om-
nibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.).
(b) STATE CONSTITUTIONALITY.—
(1) IN GENERAL.—When evaluating whether a
jurisdiction has substantially implemented this title,
the Attorney General shall consider whether the juris-
diction is unable to substantially implement this title
because of a demonstrated inability to implement cer-
tain provisions that would place the jurisdiction in
violation of its constitution, as determined by a rul-
ing of the jurisdiction’s highest court.
(2) EFFORTS.—If the circumstances arise under
paragraph (1), then the Attorney General and the ju-
risdiction shall make good faith efforts to accomplish
substantial implementation of this title and to rec-
oncile any conflicts between this title and the jurisdic-
tion’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 Attor-
ney General shall consult with the chief executive and
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chief legal officer of the jurisdiction concerning the ju-
risdiction’s interpretation of the jurisdiction’s con-
stitution and rulings thereon by the jurisdiction’s
highest court.
(3) ALTERNATIVE PROCEDURES.—If the jurisdic-
tion is unable to substantially implement this title be-
cause of a limitation imposed by the jurisdiction’s
constitution, the Attorney General may determine
that the jurisdiction is in compliance with this Act
if the jurisdiction has made, or is in the process of
implementing reasonable alternative procedures or ac-
commodations, which are consistent with the purposes
of this Act.
(4) FUNDING REDUCTION.—If a jurisdiction does
not comply with paragraph (3), then the jurisdiction
shall be subject to a funding reduction as specified in
subsection (a).
(c) REALLOCATION.—Amounts not allocated under a
program referred to in this section to a jurisdiction for fail-
ure 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 jurisdiction from which they were withheld to be used
solely for the purpose of implementing this title.
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(d) RULE OF CONSTRUCTION.—The provisions of this
title that are cast as directions to jurisdictions or their offi-
cials constitute, in relation to States, only conditions re-
quired to avoid the reduction of Federal funding under this
section.
SEC. 
126. 
SEX 
OFFENDER 
MANAGEMENT 
ASSISTANCE
(SOMA) PROGRAM.
(a) IN GENERAL.—The Attorney General shall estab-
lish 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 jurisdic-
tion 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—
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(1) 10 percent of the total received by the juris-
diction 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.
(d) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any amounts otherwise authorized to be appro-
priated, 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.
SEC. 127. ELECTION BY INDIAN TRIBES.
(a) ELECTION.—
(1) IN GENERAL.—A federally recognized Indian
tribe may, by resolution or other enactment of the
tribal council or comparable governmental body—
(A) elect to carry out this subtitle as a ju-
risdiction subject to its provisions; or
(B) elect to delegate its functions under this
subtitle to another jurisdiction or jurisdictions
within which the territory of the tribe is located
and to provide access to its territory and such
other cooperation and assistance as may be need-
ed to enable such other jurisdiction or jurisdic-
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tions to carry out and enforce the requirements
of this subtitle.
(2) IMPUTED ELECTION IN CERTAIN CASES.—A
tribe shall be treated as if it had made the election
described in paragraph (1)(B) if—
(A) it is a tribe subject to the law enforce-
ment jurisdiction of a State under section 1162
of title 18, United States Code;
(B) the tribe does not make an election
under paragraph (1) within 1 year of the enact-
ment of this Act or rescinds an election under
paragraph (1)(A); or
(C) the Attorney General determines that
the tribe has not substantially implemented the
requirements of this subtitle and is not likely to
become capable of doing so within a reasonable
amount of time.
(b) COOPERATION BETWEEN TRIBAL AUTHORITIES
AND OTHER JURISDICTIONS.—
(1) NONDUPLICATION.—A tribe subject to this
subtitle is not required to duplicate functions under
this subtitle which are fully carried out by another ju-
risdiction or jurisdictions within which the territory
of the tribe is located.
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(2) COOPERATIVE AGREEMENTS.—A tribe may,
through cooperative agreements with such a jurisdic-
tion or jurisdictions—
(A) arrange for the tribe to carry out any
function of such a jurisdiction under this subtitle
with respect to sex offenders subject to the tribe’s
jurisdiction; and
(B) arrange for such a jurisdiction to carry
out any function of the tribe under this subtitle
with respect to sex offenders subject to the tribe’s
jurisdiction.
SEC. 128. REGISTRATION OF SEX OFFENDERS ENTERING
THE UNITED STATES.
The Attorney General, in consultation with the Sec-
retary of State and the Secretary of Homeland Security,
shall establish and maintain a system for informing the rel-
evant jurisdictions about persons entering the United States
who are required to register under this title. The Secretary
of State and the Secretary of Homeland Security shall pro-
vide such information and carry out such functions as the
Attorney General may direct in the operation of the system.
SEC. 129. REPEAL OF PREDECESSOR SEX OFFENDER PRO-
GRAM.
(a) REPEAL.—Sections 170101 (42 U.S.C. 14071) and
170102 (42 U.S.C. 14072) of the Violent Crime Control and
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Law Enforcement Act of 1994, and section 8 of the Pam
Lychner Sexual Offender Tracking and Identification Act
of 1996 (42 U.S.C. 14073), are repealed.
(b) EFFECTIVE DATE.—Notwithstanding any other
provision of this Act, this section shall take effect on the
date of the deadline determined in accordance with section
124(a).
SEC. 130. LIMITATION ON LIABILITY FOR THE NATIONAL
CENTER FOR MISSING AND EXPLOITED CHIL-
DREN.
Section 227 of the Victims of Child Abuse Act of 1990
(42 U.S.C. 13032) is amended by adding at the end the
following:
‘‘(g) LIMITATION ON LIABILITY.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the National Center for Missing
and Exploited Children, including any of its direc-
tors, officers, employees, or agents, is not liable in any
civil or criminal action arising from the performance
of its CyberTipline responsibilities and functions, as
defined by this section, or from its efforts to identify
child victims.
‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS-
CONDUCT.—Paragraph (1) does not apply in an ac-
tion in which a party proves that the National Center