dreamproit/uscode huggingface dataset:
42 U.S.C. § 16923 (THE PUBLIC HEALTH AND WELFARE)
§ 16923. Development and availability of registry management and website software
(a) Duty to develop and support
The Attorney General shall, in consultation with the jurisdictions, develop and support software to enable jurisdictions to establish and operate uniform sex offender registries and Internet sites.
(b) Criteria
The software should facilitate—
(1) immediate exchange of information among jurisdictions;
(2) public access over the Internet to appropriate information, including the number of registered sex offenders in each jurisdiction on a current basis;
(3) full compliance with the requirements of this subchapter; and
(4) communication of information to community notification program participants as required under section 16921 of this title.
(c) Deadline
The Attorney General shall make the first complete edition of this software available to jurisdictions within 2 years of July 27, 2006.
(Pub. L. 109–248, title I, § 123, July 27, 2006, 120 Stat. 598.)
heading: References in Text
text: This subchapter, referred to in subsec. (b)(3), was in the original “this title”, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables.
42 U.S.C. § 16924 (THE PUBLIC HEALTH AND WELFARE)
§ 16924. Period for implementation by jurisdictions
(a) Deadline
Each jurisdiction shall implement this subchapter before the later of—
(1) 3 years after July 27, 2006; and
(2) 1 year after the date on which the software described in section 16923 of this title is available.
(b) Extensions
The Attorney General may authorize up to two 1-year extensions of the deadline.
(Pub. L. 109–248, title I, § 124, July 27, 2006, 120 Stat. 598.)
heading: References in Text
text: This subchapter, referred to in subsec. (a), was in the original “this title”, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables.
The software described in section 16923 of this title, referred to in subsec. (a)(2), became available on July 25, 2008. See Office of Justice Progs., U.S. Dep’t of Justice, Annual Report to Congress 26 (Fiscal Year 2008).
42 U.S.C. § 16926 (THE PUBLIC HEALTH AND WELFARE)
§ 16926. Sex Offender Management Assistance (SOMA) program
(a) In general
The Attorney General shall establish and implement a Sex Offender Management Assistance program (in this subchapter referred to as the “SOMA program”), under which the Attorney General may award a grant to a jurisdiction to offset the costs of implementing this subchapter.
(b) Application
The chief executive of a jurisdiction desiring a grant under this section shall, on an annual basis, submit to the Attorney General an application in such form and containing such information as the Attorney General may require.
(c) Bonus payments for prompt compliance
A jurisdiction that, as determined by the Attorney General, has substantially implemented this subchapter not later than 2 years after July 27, 2006, is eligible for a bonus payment. The Attorney General may make such a payment under the SOMA program for the first fiscal year beginning after that determination. The amount of the payment shall be—
(1) 10 percent of the total received by the jurisdiction under the SOMA program for the preceding fiscal year, if that implementation is not later than 1 year after July 27, 2006; and
(2) 5 percent of such total, if not later than 2 years after July 27, 2006.
(d) Authorization of appropriations
In addition to any amounts otherwise authorized to be appropriated, there are authorized to be appropriated such sums as may be necessary to the Attorney General, to be available only for the SOMA program, for fiscal years 2007 through 2009.
(Pub. L. 109–248, title I, § 126, July 27, 2006, 120 Stat. 599.)
heading: References in Text
text: This subchapter, referred to in subsecs. (a) and (c), was in the original “this title”, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables.
42 U.S.C. § 16927 (THE PUBLIC HEALTH AND WELFARE)
§ 16927. Election by Indian tribes
(a) Election
(1) In general
A federally recognized Indian tribe may, by resolution or other enactment of the tribal council or comparable governmental body—
(A) elect to carry out this part as a jurisdiction subject to its provisions; or
(B) elect to delegate its functions under this part to another jurisdiction or jurisdictions within which the territory of the tribe is located and to provide access to its territory and such other cooperation and assistance as may be needed to enable such other jurisdiction or jurisdictions to carry out and enforce the requirements of this part.
(2) Imputed election in certain cases
A tribe shall be treated as if it had made the election described in paragraph (1)(B) if—
(A) it is a tribe subject to the law enforcement jurisdiction of a State under section 1162 of title 18;
(B) the tribe does not make an election under paragraph (1) within 1 year of July 27, 2006 or rescinds an election under paragraph (1)(A); or
(C) the Attorney General determines that the tribe has not substantially implemented the requirements of this part and is not likely to become capable of doing so within a reasonable amount of time.
(b) Cooperation between tribal authorities and other jurisdictions
(1) Nonduplication
A tribe subject to this part is not required to duplicate functions under this part which are fully carried out by another jurisdiction or jurisdictions within which the territory of the tribe is located.
(2) Cooperative agreements
A tribe may, through cooperative agreements with such a jurisdiction or jurisdictions—
(A) arrange for the tribe to carry out any function of such a jurisdiction under this part with respect to sex offenders subject to the tribe’s jurisdiction; and
(B) arrange for such a jurisdiction to carry out any function of the tribe under this part with respect to sex offenders subject to the tribe’s jurisdiction.
(Pub. L. 109–248, title I, § 127, July 27, 2006, 120 Stat. 599.)
heading: References in Text
text: This part, referred to in text, was in the original “this subtitle”, meaning subtitle A (§§ 111–131) of title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 591, which is classified principally to this part. For complete classification of subtitle A to the Code, see Tables.
42 U.S.C. § 16928 (THE PUBLIC HEALTH AND WELFARE)
§ 16928. Registration of sex offenders entering the United States
The Attorney General, in consultation with the Secretary of State and the Secretary of Homeland Security, shall establish and maintain a system for informing the relevant jurisdictions about persons entering the United States who are required to register under this subchapter. The Secretary of State and the Secretary of Homeland Security shall provide such information and carry out such functions as the Attorney General may direct in the operation of the system.
(Pub. L. 109–248, title I, § 128, July 27, 2006, 120 Stat. 600.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables.
42 U.S.C. § 16929 (THE PUBLIC HEALTH AND WELFARE)
§ 16929. Immunity for good faith conduct
The Federal Government, jurisdictions, political subdivisions of jurisdictions, and their agencies, officers, employees, and agents shall be immune from liability for good faith conduct under this subchapter.
(Pub. L. 109–248, title I, § 131, July 27, 2006, 120 Stat. 601.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classification of title I to the Code, see Short Title note set out under section 16901 of this title and Tables.
42 U.S.C. § 16941 (THE PUBLIC HEALTH AND WELFARE)
§ 16941. 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 Service, to assist jurisdictions in locating and apprehending sex offenders who violate sex offender registration requirements. For the purposes of section 566(e)(1)(B) of title 28, a sex offender who violates a sex offender registration requirement shall be deemed a fugitive.
(b) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for fiscal years 2007 through 2009 to implement this section.
(Pub. L. 109–248, title I, § 142, July 27, 2006, 120 Stat. 604.)
42 U.S.C. § 16943 (THE PUBLIC HEALTH AND WELFARE)
§ 16943. Federal assistance in identification and location of sex offenders relocated as a result of a major disaster
The Attorney General shall provide assistance to jurisdictions in the identification and location of a sex offender relocated as a result of a major disaster.
(Pub. L. 109–248, title I, § 144, July 27, 2006, 120 Stat. 606.)
42 U.S.C. § 16944 (THE PUBLIC HEALTH AND WELFARE)
§ 16944. Expansion of training and technology efforts
(a) Training
The Attorney General shall—
(1) expand training efforts with Federal, State, and local law enforcement officers and prosecutors to effectively respond to the threat to children and the public posed by sex offenders who use the Internet and technology to solicit or otherwise exploit children;
(2) facilitate meetings involving corporations that sell computer hardware and software or provide services to the general public related to use of the Internet, to identify problems associated with the use of technology for the purpose of exploiting children;
(3) host national conferences to train Federal, State, and local law enforcement officers, probation and parole officers, and prosecutors regarding pro-active approaches to monitoring sex offender activity on the Internet;
(4) develop and distribute, for personnel listed in paragraph (3), information regarding multidisciplinary approaches to holding offenders accountable to the terms of their probation, parole, and sex offender registration laws; and
(5) partner with other agencies to improve the coordination of joint investigations among agencies to effectively combat online solicitation of children by sex offenders.
(b) Technology
The Attorney General shall—
(1) deploy, to all Internet Crimes Against Children Task Forces and their partner agencies, technology modeled after the Canadian Child Exploitation Tracking System; and
(2) conduct training in the use of that technology.
(c) Report
Not later than July 1, 2007, the Attorney General,1 shall submit to Congress a report on the activities carried out under this section. The report shall include any recommendations that the Attorney General considers appropriate.
(d) Authorization of appropriations
There are authorized to be appropriated to the Attorney General, for fiscal year 2007—
(1) $1,000,000 to carry out subsection (a); and
(2) $2,000,000 to carry out subsection (b).
(Pub. L. 109–248, title I, § 145, July 27, 2006, 120 Stat. 606.)
42 U.S.C. § 16945 (THE PUBLIC HEALTH AND WELFARE)
§ 16945. Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking
(a) Establishment
There is established within the Department of Justice, under the general authority of the Attorney General, an Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (hereinafter in this section referred to as the “SMART Office”).
(b) Director
The SMART Office shall be headed by a Director who shall be appointed by the President. The Director shall report to the Attorney General through the Assistant Attorney General for the Office of Justice Programs and shall have final authority for all grants, cooperative agreements, and contracts awarded by the SMART Office. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other arrangement.
(c) Duties and functions
The SMART Office is authorized to—
(1) administer the standards for the sex offender registration and notification program set forth in this chapter;
(2) administer grant programs relating to sex offender registration and notification authorized by this chapter and other grant programs authorized by this chapter as directed by the Attorney General;
(3) cooperate with and provide technical assistance to States, units of local government, tribal governments, and other public and private entities involved in activities related to sex offender registration or notification or to other measures for the protection of children or other members of the public from sexual abuse or exploitation; and
(4) perform such other functions as the Attorney General may delegate.
(Pub. L. 109–248, title I, § 146, July 27, 2006, 120 Stat. 607.)
heading: References in Text
text: This chapter, referred to in subsec. (c)(1), (2), was in the original “this Act”, meaning Pub. L. 109–248, July 27, 2006, 120 Stat. 587, known as the Adam Walsh Child Protection and Safety Act of 2006. For complete classification of this Act to the Code, see Short Title note set out under section 16901 of this title and Tables.
42 U.S.C. § 16961 (THE PUBLIC HEALTH AND WELFARE)
§ 16961. Access to national crime information databases
(a) In general
Notwithstanding any other provision of law, the Attorney General shall ensure access to the national crime information databases (as defined in section 534 of title 28) by—
(1) the National Center for Missing and Exploited Children, to be used only within the scope of the Center’s duties and responsibilities under Federal law to assist or support law enforcement agencies in administration of criminal justice functions; and
(2) governmental social service agencies with child protection responsibilities, to be used by such agencies only in investigating or responding to reports of child abuse, neglect, or exploitation.
(b) Conditions of access
The access provided under this section, and associated rules of dissemination, shall be—
(1) defined by the Attorney General; and
(2) limited to personnel of the Center or such agencies that have met all requirements set by the Attorney General, including training, certification, and background screening.
(Pub. L. 109–248, title I, § 151, July 27, 2006, 120 Stat. 608.)
42 U.S.C. § 16981 (THE PUBLIC HEALTH AND WELFARE)
§ 16981. Pilot program for monitoring sexual offenders
(a) Sex offender monitoring program
(1) Grants authorized
(A) In general
The Attorney General is authorized to award grants (referred to as “Jessica Lunsford and Sarah Lunde Grants”) to States, local governments, and Indian tribal governments to assist in—
(i) carrying out programs to outfit sex offenders with electronic monitoring units; and
(ii) the employment of law enforcement officials necessary to carry out such programs.
(B) Duration
The Attorney General shall award grants under this section for a period not to exceed 3 years.
(C) Minimum standards
The electronic monitoring units used in the pilot program shall at a minimum—
(i) provide a tracking device for each offender that contains a central processing unit with global positioning system; and
(ii) permit continuous monitoring of offenders 24 hours a day.
(2) Application
(A) In general
Each State, local government, or Indian tribal government desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.
(B) Contents
Each application submitted pursuant to subparagraph (A) shall—
(i) describe the activities for which assistance under this section is sought; and
(ii) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section.
(b) Innovation
In making grants under this section, the Attorney General shall ensure that different approaches to monitoring are funded to allow an assessment of effectiveness.
(c) Authorization of appropriations
(1) In general
There are authorized to be appropriated $5,000,000 for each of the fiscal years 2007 through 2009 to carry out this section.
(2) Report
Not later than September 1, 2010, the Attorney General shall report to Congress—
(A) assessing the effectiveness and value of this section;
(B) comparing the cost effectiveness of the electronic monitoring to reduce sex offenses compared to other alternatives; and
(C) making recommendations for continuing funding and the appropriate levels for such funding.
(Pub. L. 109–248, title VI, § 621, July 27, 2006, 120 Stat. 633; Pub. L. 110–400, § 4(a), Oct. 13, 2008, 122 Stat. 4227.)
heading: Amendments
text: 2008—Subsec. (a)(1)(C). Pub. L. 110–400, § 4(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) set minimum standards for electronic monitoring units used in the pilot program.
heading: Effective Date of 2008 Amendment
text: Pub. L. 110–400, § 4(b), Oct. 13, 2008, 122 Stat. 4228, provided that: “The amendment made by subsection (a) [amending this section] shall apply to grants provided on or after the date of the enactment of this Act [Oct. 13, 2008].”
42 U.S.C. § 16982 (THE PUBLIC HEALTH AND WELFARE)
§ 16982. Assistance for prosecution of cases cleared through use of DNA backlog clearance funds
(a) In general
The Attorney General may make grants to train and employ personnel to help prosecute cases cleared through use of funds provided for DNA backlog elimination.
(b) Authorization
There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2007 through 2011 to carry out this section.
(Pub. L. 109–248, title VI, § 624, July 27, 2006, 120 Stat. 636.)
42 U.S.C. § 16983 (THE PUBLIC HEALTH AND WELFARE)
§ 16983. Grants to combat sexual abuse of children
(a) In general
The Bureau of Justice Assistance is authorized to make grants under this section—
(1) to any law enforcement agency that serves a jurisdiction with 50,000 or more residents; and
(2) to any law enforcement agency that serves a jurisdiction with fewer than 50,000 residents, upon a showing of need.
(b) Use of grant amounts
Grants under this section may be used by the law enforcement agency to—
(1) hire additional law enforcement personnel or train existing staff to combat the sexual abuse of children through community education and outreach, investigation of complaints, enforcement of laws relating to sex offender registries, and management of released sex offenders;
(2) investigate the use of the Internet to facilitate the sexual abuse of children; and
(3) purchase computer hardware and software necessary to investigate sexual abuse of children over the Internet, access local, State, and Federal databases needed to apprehend sex offenders, and facilitate the creation and enforcement of sex offender registries.
(c) Criteria
The Attorney General shall give priority to law enforcement agencies making a showing of need.
(d) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for fiscal years 2007 through 2009 to carry out this section.
(Pub. L. 109–248, title VI, § 625, July 27, 2006, 120 Stat. 636.)
42 U.S.C. § 16984 (THE PUBLIC HEALTH AND WELFARE)
§ 16984. Grants for fingerprinting programs for children
(a) In general
The Attorney General shall establish and implement a program under which the Attorney General may make grants to States, units of local government, and Indian tribal governments in accordance with this section.
(b) Use of grant amounts
A grant made to a State, unit of local government, or Indian tribal government under subsection (a) shall be distributed to law enforcement agencies within the jurisdiction of such State, unit, or tribal government to be used for any of the following activities:
(1) To establish a voluntary fingerprinting program for children, which may include the taking of palm prints of children.
(2) To hire additional law enforcement personnel, or train existing law enforcement personnel, to take fingerprints of children.
(3) To provide information within the community involved about the existence of such a fingerprinting program.
(4) To provide for computer hardware, computer software, or other materials necessary to carry out such a fingerprinting program.
(c) Limitation
Fingerprints of a child derived from a program funded under this section—
(1) may be released only to a parent or guardian of the child; and
(2) may not be copied or retained by any Federal, State, local, or tribal law enforcement officer unless written permission is given by the parent or guardian.
(d) Criminal penalty
Any person who uses the fingerprints of a child derived from a program funded under this section for any purpose other than the purpose described in subsection (c)(1) shall be subject to imprisonment for not more than 1 year, a fine under title 18, or both.
(e) Authorization of appropriations
There is authorized to be appropriated $20,000,000 to carry out this section for the 5-year period beginning on the first day of fiscal year 2007.
(Pub. L. 109–248, title VI, § 627, July 27, 2006, 120 Stat. 637.)
42 U.S.C. § 16986 (THE PUBLIC HEALTH AND WELFARE)
§ 16986. Children’s safety online awareness campaigns
(a) Awareness campaign for children’s safety online
(1) In general
The Attorney General, in consultation with the National Center for Missing and Exploited Children, is authorized to develop and carry out a public awareness campaign to demonstrate, explain, and encourage children, parents, and community leaders to better protect children when such children are on the Internet.
(2) Required components
The public awareness campaign described under paragraph (1) shall include components that compliment 1 and reinforce the campaign message in a variety of media, including the Internet, television, radio, and billboards.
(b) Awareness campaign regarding the accessibility and utilization of sex offender registries
The Attorney General, in consultation with the National Center for Missing and Exploited Children, is authorized to develop and carry out a public awareness campaign to demonstrate, explain, and encourage parents and community leaders to better access and utilize the Federal and State sex offender registries.
(c) Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as are necessary for fiscal years 2007 through 2011.
(Pub. L. 109–248, title VI, § 629, July 27, 2006, 120 Stat. 640.)
42 U.S.C. § 16987 (THE PUBLIC HEALTH AND WELFARE)
§ 16987. Grants for online child safety programs
(a) In general
The Attorney General shall, subject to the availability of appropriations, make grants to States, units of local government, and nonprofit organizations for the purposes of establishing and maintaining programs with respect to improving and educating children and parents in the best ways for children to be safe when on the Internet.
(b) Definition of State
For purposes of this section, the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(c) Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as are necessary for fiscal years 2007 through 2011.
(Pub. L. 109–248, title VI, § 630, July 27, 2006, 120 Stat. 640.)