
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-386 Section 1601(b)(1)]
[Document affected by Public Law 106-386 Section 1601(b)(2)]
[CITE: 42USC14071]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                 SUBCHAPTER VI--CRIMES AGAINST CHILDREN
 
Sec. 14071. Jacob Wetterling Crimes Against Children and 
        Sexually Violent Offender Registration Program
        

(a) In general

                        (1) State guidelines

        The Attorney General shall establish guidelines for State 
    programs that require--
            (A) a person who is convicted of a criminal offense against 
        a victim who is a minor or who is convicted of a sexually 
        violent offense to register a current address for the time 
        period specified in subparagraph (A) of subsection (b)(6) of 
        this section; and
            (B) a person who is a sexually violent predator to register 
        a current address unless such requirement is terminated under 
        subparagraph (B) of subsection (b)(6) of this section.

       (2) Determination of sexually violent predator status; 
                        waiver; alternative measures

        (A) In general

            A determination of whether a person is a sexually violent 
        predator for purposes of this section shall be made by a court 
        after considering the recommendation of a board composed of 
        experts in the behavior and treatment of sex offenders, victims' 
        rights advocates, and representatives of law enforcement 
        agencies.

        (B) Waiver

            The Attorney General may waive the requirements of 
        subparagraph (A) if the Attorney General determines that the 
        State has established alternative procedures or legal standards 
        for designating a person as a sexually violent predator.

        (C) Alternative measures

            The Attorney General may also approve alternative measures 
        of comparable or greater effectiveness in protecting the public 
        from unusually dangerous or recidivistic sexual offenders in 
        lieu of the specific measures set forth in this section 
        regarding sexually violent predators.

                           (3) Definitions

        For purposes of this section:
            (A) The term ``criminal offense against a victim who is a 
        minor'' means any criminal offense in a range of offenses 
        specified by State law which is comparable to or which exceeds 
        the following range of offenses:
                (i) kidnapping of a minor, except by a parent;
                (ii) false imprisonment of a minor, except by a parent;
                (iii) criminal sexual conduct toward a minor;
                (iv) solicitation of a minor to engage in sexual 
            conduct;
                (v) use of a minor in a sexual performance;
                (vi) solicitation of a minor to practice prostitution;
                (vii) any conduct that by its nature is a sexual offense 
            against a minor; or
                (viii) an attempt to commit an offense described in any 
            of clauses (i) through (vii), if the State--
                    (I) makes such an attempt a criminal offense; and
                    (II) chooses to include such an offense in those 
                which are criminal offenses against a victim who is a 
                minor for the purposes of this section.

        For purposes of this subparagraph conduct which is criminal only 
        because of the age of the victim shall not be considered a 
        criminal offense if the perpetrator is 18 years of age or 
        younger.
            (B) The term ``sexually violent offense'' means any criminal 
        offense in a range of offenses specified by State law which is 
        comparable to or which exceeds the range of offenses encompassed 
        by aggravated sexual abuse or sexual abuse (as described in 
        sections 2241 and 2242 of title 18 or as described in the State 
        criminal code) or an offense that has as its elements engaging 
        in physical contact with another person with intent to commit 
        aggravated sexual abuse or sexual abuse (as described in such 
        sections of title 18 or as described in the State criminal 
        code).
            (C) The term ``sexually violent predator'' means a person 
        who has been convicted of a sexually violent offense and who 
        suffers from a mental abnormality or personality disorder that 
        makes the person likely to engage in predatory sexually violent 
        offenses.
            (D) The term ``mental abnormality'' means a congenital or 
        acquired condition of a person that affects the emotional or 
        volitional capacity of the person in a manner that predisposes 
        that person to the commission of criminal sexual acts to a 
        degree that makes the person a menace to the health and safety 
        of other persons.
            (E) The term ``predatory'' means an act directed at a 
        stranger, or a person with whom a relationship has been 
        established or promoted for the primary purpose of 
        victimization.
            (F) The term ``employed, carries on a vocation'' includes 
        employment that is full-time or part-time for a period of time 
        exceeding 14 days or for an aggregate period of time exceeding 
        30 days during any calendar year, whether financially 
        compensated, volunteered, or for the purpose of government or 
        educational benefit.
            (G) The term ``student'' means a person who is enrolled on a 
        full-time or part-time basis, in any public or private 
        educational institution, including any secondary school, trade, 
        or professional institution, or institution of higher education.

(b) Registration requirement upon release, parole, supervised release, 
        or probation

    An approved State registration program established under this 
section shall contain the following elements:

                 (1) Duties of responsible officials

        (A) If a person who is required to register under this section 
    is released from prison, or placed on parole, supervised release, or 
    probation, a State prison officer, the court, or another responsible 
    officer or official, shall--
            (i) inform the person of the duty to register and obtain the 
        information required for such registration;
            (ii) inform the person that if the person changes residence 
        address, the person shall report the change of address as 
        provided by State law;
            (iii) inform the person that if the person changes residence 
        to another State, the person shall report the change of address 
        as provided by State law and comply with any registration 
        requirement in the new State of residence, and inform the person 
        that the person must also register in a State where the person 
        is employed, carries on a vocation, or is a student;
            (iv) obtain fingerprints and a photograph of the person if 
        these have not already been obtained in connection with the 
        offense that triggers registration; and
            (v) require the person to read and sign a form stating that 
        the duty of the person to register under this section has been 
        explained.

        (B) In addition to the requirements of subparagraph (A), for a 
    person required to register under subparagraph (B) of subsection 
    (a)(1) of this section, the State prison officer, the court, or 
    another responsible officer or official, as the case may be, shall 
    obtain the name of the person, identifying factors, anticipated 
    future residence, offense history, and documentation of any 
    treatment received for the mental abnormality or personality 
    disorder of the person.

    (2) Transfer of information to State and FBI; participation 
                      in national sex offender registry

        (A) State reporting

            State procedures shall ensure that the registration 
        information is promptly made available to a law enforcement 
        agency having jurisdiction where the person expects to reside 
        and entered into the appropriate State records or data system. 
        State procedures shall also ensure that conviction data and 
        fingerprints for persons required to register are promptly 
        transmitted to the Federal Bureau of Investigation.

        (B) National reporting

            A State shall participate in the national database 
        established under section 14072(b) of this title in accordance 
        with guidelines issued by the Attorney General, including 
        transmission of current address information and other 
        information on registrants to the extent provided by the 
        guidelines.

                          (3) Verification

        (A) For a person required to register under subparagraph (A) of 
    subsection (a)(1) of this section, State procedures shall provide 
    for verification of address at least annually.
        (B) The provisions of subparagraph (A) shall be applied to a 
    person required to register under subparagraph (B) of subsection 
    (a)(1) of this section, except that such person must verify the 
    registration every 90 days after the date of the initial release or 
    commencement of parole.

       (4) Notification of local law enforcement agencies of 
                             changes in address

        A change of address by a person required to register under this 
    section shall be reported by the person in the manner provided by 
    State law. State procedures shall ensure that the updated address 
    information is promptly made available to a law enforcement agency 
    having jurisdiction where the person will reside and entered into 
    the appropriate State records or data system.

       (5) Registration for change of address to another State

        A person who has been convicted of an offense which requires 
    registration under this section and who moves to another State, 
    shall report the change of address to the responsible agency in the 
    State the person is leaving, and shall comply with any registration 
    requirement in the new State of residence. The procedures of the 
    State the person is leaving shall ensure that notice is provided 
    promptly to an agency responsible for registration in the new State, 
    if that State requires registration.

                     (6) Length of registration

        A person required to register under subsection (a)(1) of this 
    section shall continue to comply with this section, except during 
    ensuing periods of incarceration, until--
            (A) 10 years have elapsed since the person was released from 
        prison or placed on parole, supervised release, or probation; or
            (B) for the life of that person if that person--
                (i) has 1 or more prior convictions for an offense 
            described in subsection (a)(1)(A) of this section; or
                (ii) has been convicted of an aggravated offense 
            described in subsection (a)(1)(A) of this section; or
                (iii) has been determined to be a sexually violent 
            predator pursuant to subsection (a)(2) of this section.

        (7) Registration of out-of-State offenders, Federal 
            offenders, persons sentenced by courts martial, and 
                      offenders crossing State borders

        As provided in guidelines issued by the Attorney General, each 
    State shall include in its registration program residents who were 
    convicted in another State and shall ensure that procedures are in 
    place to accept registration information from--
            (A) residents who were convicted in another State, convicted 
        of a Federal offense, or sentenced by a court martial; and
            (B) nonresident offenders who have crossed into another 
        State in order to work or attend school.

(c) Registration of offender crossing State border

    Any person who is required under this section to register in the 
State in which such person resides shall also register in any State in 
which the person is employed, carries on a vocation, or is a student.

(d) Penalty

    A person required to register under a State program established 
pursuant to this section who knowingly fails to so register and keep 
such registration current shall be subject to criminal penalties in any 
State in which the person has so failed.

(e) Release of information

    (1) The information collected under a State registration program may 
be disclosed for any purpose permitted under the laws of the State.
    (2) The State or any agency authorized by the State shall release 
relevant information that is necessary to protect the public concerning 
a specific person required to register under this section, except that 
the identity of a victim of an offense that requires registration under 
this section shall not be released.

(f) Immunity for good faith conduct

    Law enforcement agencies, employees of law enforcement agencies and 
independent contractors acting at the direction of such agencies, and 
State officials shall be immune from liability for good faith conduct 
under this section.

(g) Compliance

                         (1) Compliance date

        Each State shall have not more than 3 years from September 13, 
    1994, in which to implement this section, except that the Attorney 
    General may grant an additional 2 years to a State that is making 
    good faith efforts to implement this section.

                     (2) Ineligibility for funds

        (A) A State that fails to implement the program as described in 
    this section shall not receive 10 percent of the funds that would 
    otherwise be allocated to the State under section 3756 of this 
    title.
        (B) Reallocation of funds.--Any funds that are not allocated for 
    failure to comply with this section shall be reallocated to States 
    that comply with this section.

(h) Fingerprints

    Each requirement to register under this section shall be deemed to 
also require the submission of a set of fingerprints of the person 
required to register, obtained in accordance with regulations prescribed 
by the Attorney General under section 14072(h) of this title.

(i) Grants to States for costs of compliance

                       (1) Program authorized

        (A) In general

            The Director of the Bureau of Justice Assistance (in this 
        subsection referred to as the ``Director'') shall carry out a 
        program, which shall be known as the ``Sex Offender Management 
        Assistance Program'' (in this subsection referred to as the 
        ``SOMA program''), under which the Director shall award a grant 
        to each eligible State to offset costs directly associated with 
        complying with this section.

        (B) Uses of funds

            Each grant awarded under this subsection shall be--
                (i) distributed directly to the State for distribution 
            to State and local entities; and
                (ii) used for training, salaries, equipment, materials, 
            and other costs directly associated with complying with this 
            section.

                           (2) Eligibility

        (A) Application

            To be eligible to receive a grant under this subsection, the 
        chief executive of a State shall, on an annual basis, submit to 
        the Director an application (in such form and containing such 
        information as the Director may reasonably require) assuring 
        that--
                (i) the State complies with (or made a good faith effort 
            to comply with) this section; and
                (ii) where applicable, the State has penalties 
            comparable to or greater than Federal penalties for crimes 
            listed in this section, except that the Director may waive 
            the requirement of this clause if a State demonstrates an 
            overriding need for assistance under this subsection.

        (B) Regulations

            (i) In general

                Not later than 90 days after October 30, 1998, the 
            Director shall promulgate regulations to implement this 
            subsection (including the information that must be included 
            and the requirements that the States must meet) in 
            submitting the applications required under this subsection. 
            In allocating funds under this subsection, the Director may 
            consider the annual number of sex offenders registered in 
            each eligible State's monitoring and notification programs.
            (ii) Certain training programs

                Prior to implementing this subsection, the Director 
            shall study the feasibility of incorporating into the SOMA 
            program the activities of any technical assistance or 
            training program established as a result of section 13941 of 
            this title. In a case in which incorporating such activities 
            into the SOMA program will eliminate duplication of efforts 
            or administrative costs, the Director shall take 
            administrative actions, as allowable, and make 
            recommendations to Congress to incorporate such activities 
            into the SOMA program prior to implementing the SOMA 
            program.

                 (3) Authorization of appropriations

        There is authorized to be appropriated to carry out this 
    subsection, $25,000,000 for each of fiscal years 1999 and 2000.

(Pub. L. 103-322, title XVII, Sec. 170101, Sept. 13, 1994, 108 Stat. 
2038; Pub. L. 104-145, Sec. 2, May 17, 1996, 110 Stat. 1345; Pub. L. 
104-236, Secs. 3-7, Oct. 3, 1996, 110 Stat. 3096, 3097; Pub. L. 105-119, 
title I, Sec. 115(a)(1)-(5), Nov. 26, 1997, 111 Stat. 2461-2463; Pub. L. 
105-314, title VI, Sec. 607(a), Oct. 30, 1998, 112 Stat. 2985.)


                               Amendments

    1998--Subsecs. (g), (h). Pub. L. 105-314, Sec. 607(a)(1), which 
directed the amendment of this section by redesignating the second 
subsection designated as subsection (g) as subsection (h), was executed 
by redesignating subsec. (g), relating to fingerprints, as (h) to 
reflect the probable intent of Congress.
    Subsec. (i). Pub. L. 105-314, Sec. 607(a)(2), added subsec. (i).
    1997--Subsec. (a)(1)(A), (B). Pub. L. 105-119, Sec. 115(a)(1)(A), 
struck out ``with a designated State law enforcement agency'' after 
``current address''.
    Subsec. (a)(2). Pub. L. 105-119, Sec. 115(a)(1)(B), added par. (2) 
and struck out heading and text of former par. (2). Text read as 
follows: ``A determination that a person is a sexually violent predator 
and a determination that a person is no longer a sexually violent 
predator shall be made by the sentencing court after receiving a report 
by a State board composed of experts in the field of the behavior and 
treatment of sexual offenders, victim rights advocates, and 
representatives from law enforcement agencies.''
    Subsec. (a)(3)(A). Pub. L. 105-119, Sec. 115(a)(1)(C)(i), 
substituted ``in a range of offenses specified by State law which is 
comparable to or which exceeds the following range of offenses:'' for 
``that consists of--'' in introductory provisions.
    Subsec. (a)(3)(B). Pub. L. 105-119, Sec. 115(a)(1)(C)(ii), 
substituted ``in a range of offenses specified by State law which is 
comparable to or which exceeds the range of offenses encompassed by'' 
for ``that consists of''.
    Subsec. (a)(3)(F), (G). Pub. L. 105-119, Sec. 115(a)(1)(D), added 
subpars. (F) and (G).
    Subsec. (b)(1). Pub. L. 105-119, Sec. 115(a)(2)(A)(i), substituted 
``Duties of responsible officials'' for ``Duty of State prison official 
or court'' in heading.
    Subsec. (b)(1)(A). Pub. L. 105-119, Sec. 115(a)(2)(A)(ii)(I), 
substituted ``the court, or another responsible officer or official'' 
for ``or in the case of probation, the court'' in introductory 
provisions.
    Subsec. (b)(1)(A)(ii). Pub. L. 105-119, Sec. 115(a)(2)(A)(ii)(II), 
substituted ``report the change of address as provided by State law'' 
for ``give the new address to a designated State law enforcement agency 
in writing within 10 days''.
    Subsec. (b)(1)(A)(iii). Pub. L. 105-119, Sec. 115(a)(2)(A)(ii)(III), 
substituted ``shall report the change of address as provided by State 
law and comply with any registration requirement in the new State of 
residence, and inform the person that the person must also register in a 
State where the person is employed, carries on a vocation, or is a 
student'' for ``shall register the new address with the law enforcement 
agency with whom the person last registered, and the person is also 
required to register with a designated law enforcement agency in the new 
State not later than 10 days after establishing residence in the new 
State, if the new State has a registration requirement''.
    Subsec. (b)(1)(B). Pub. L. 105-119, Sec. 115(a)(2)(A)(iii), 
substituted ``, the court, or another responsible officer or official'' 
for ``or the court''.
    Subsec. (b)(2). Pub. L. 105-119, Sec. 115(a)(2)(B), added par. (2) 
and struck out heading and text of former par. (2). Text read as 
follows: ``The officer, or in the case of a person placed on probation, 
the court, shall, within 3 days after receipt of information described 
in paragraph (1), forward it to a designated State law enforcement 
agency. The State law enforcement agency shall immediately enter the 
information into the appropriate State law enforcement record system and 
notify the appropriate law enforcement agency having jurisdiction where 
the person expects to reside. The State law enforcement agency shall 
also immediately transmit all information described in paragraph (1) to 
the Federal Bureau of Investigation for inclusion in the FBI database 
described in section 14072 of this title.''
    Subsec. (b)(3)(A). Pub. L. 105-119, Sec. 115(a)(2)(C)(i), in 
introductory provisions, substituted ``State procedures shall provide 
for verification of address at least annually.'' for ``on each 
anniversary of the person's initial registration date during the period 
in which the person is required to register under this section the 
following applies:''.
    Subsec. (b)(3)(A)(i) to (iv). Pub. L. 105-119, 
Sec. 115(a)(2)(C)(ii), which directed the amendment of par. (3)(A) by 
striking out cls. (i) through (v), was executed by striking out cls. (i) 
through (iv) to reflect the probable intent of Congress because no cl. 
(v) had been enacted. Prior to amendment, cls. (i) through (iv) read as 
follows:
    ``(i) The designated State law enforcement agency shall mail a 
nonforwardable verification form to the last reported address of the 
person.
    ``(ii) The person shall mail the verification form to the designated 
State law enforcement agency within 10 days after receipt of the form.
    ``(iii) The verification form shall be signed by the person, and 
state that the person still resides at the address last reported to the 
designated State law enforcement agency. The person shall include with 
the verification form, fingerprints and a photograph of that person.
    ``(iv) If the person fails to mail the verification form to the 
designated State law enforcement agency within 10 days after receipt of 
the form, the person shall be in violation of this section unless the 
person proves that the person has not changed the residence address.''
    Subsec. (b)(4). Pub. L. 105-119, Sec. 115(a)(2)(D), substituted 
``section shall be reported by the person in the manner provided by 
State law. State procedures shall ensure that the updated address 
information is promptly made available to a law enforcement agency 
having jurisdiction where the person will reside and entered into the 
appropriate State records or data system'' for ``section reported to the 
designated State law enforcement agency shall be immediately reported to 
the appropriate law enforcement agency having jurisdiction where the 
person is residing. The designated law enforcement agency shall, if the 
person changes residence to another State, notify the law enforcement 
agency with which the person must register in the new State, if the new 
State has a registration requirement''.
    Subsec. (b)(5). Pub. L. 105-119, Sec. 115(a)(2)(E), substituted 
``and who moves to another State, shall report the change of address to 
the responsible agency in the State the person is leaving, and shall 
comply with any registration requirement in the new State of residence. 
The procedures of the State the person is leaving shall ensure that 
notice is provided promptly to an agency responsible for registration in 
the new State, if that State requires registration'' for ``shall 
register the new address with a designated law enforcement agency in 
another State to which the person moves not later than 10 days after 
such person establishes residence in the new State, if the new State has 
a registration requirement''.
    Subsec. (b)(7). Pub. L. 105-119, Sec. 115(a)(2)(F), added par. (7).
    Subsec. (c). Pub. L. 105-119, Sec. 115(a)(3), added subsec. (c). 
Former subsec. (c) redesignated (d).
    Subsec. (d). Pub. L. 105-119, Sec. 115(a)(3), redesignated subsec. 
(c) as (d). Former subsec. (d) redesignated (e).
    Subsec. (e). Pub. L. 105-119, Sec. 115(a)(3), (4), redesignated 
subsec. (d) as (e) and in par. (2) substituted ``The State or any agency 
authorized by the State'' for ``The designated State law enforcement 
agency and any local law enforcement agency authorized by the State 
agency''. Former subsec. (e) redesignated (f).
    Subsec. (f). Pub. L. 105-119, Sec. 115(a)(3), (5), redesignated 
subsec. (e) as (f) and substituted ``and independent contractors acting 
at the direction of such agencies, and State officials'' for ``, and 
State officials''. Former subsec. (f) redesignated (g).
    Subsec. (g). Pub. L. 105-119, Sec. 115(a)(3), redesignated subsec. 
(f), relating to compliance, as (g).
    1996--Subsec. (a)(2). Pub. L. 104-236, Sec. 4, inserted before 
period at end ``, victim rights advocates, and representatives from law 
enforcement agencies''.
    Subsec. (b)(2). Pub. L. 104-236, Sec. 7, amended heading and text of 
par. (2) generally. Prior to amendment, text read as follows: ``The 
officer, or in the case of a person placed on probation, the court, 
shall, within 3 days after receipt of information described in paragraph 
(1), forward it to a designated State law enforcement agency. The State 
law enforcement agency shall immediately enter the information into the 
appropriate State law enforcement record system and notify the 
appropriate law enforcement agency having jurisdiction where the person 
expects to reside. The State law enforcement agency shall also 
immediately transmit the conviction data and fingerprints to the Federal 
Bureau of Investigation.''
    Subsec. (b)(3)(A)(iii). Pub. L. 104-236, Sec. 6, inserted at end 
``The person shall include with the verification form, fingerprints and 
a photograph of that person.''
    Subsec. (b)(6). Pub. L. 104-236, Sec. 3, amended heading and text of 
par. (6) generally. Prior to amendment, text read as follows:
    ``(A) A person required to register under subparagraph (A) of 
subsection (a)(1) of this section shall continue to comply with this 
section until 10 years have elapsed since the person was released from 
prison, placed on parole, supervised release, or probation.
    ``(B) The requirement of a person to register under subparagraph (B) 
of subsection (a)(1) of this section shall terminate upon a 
determination, made in accordance with paragraph (2) of subsection (a) 
of this section, that the person no longer suffers from a mental 
abnormality or personality disorder that would make the person likely to 
engage in a predatory sexually violent offense.''
    Subsec. (d). Pub. L. 104-145 amended heading and text of subsec. (d) 
generally. Prior to amendment, text read as follows: ``The information 
collected under a State registration program shall be treated as private 
data expect that--
        ``(1) such information may be disclosed to law enforcement 
    agencies for law enforcement purposes;
        ``(2) such information may be disclosed to government agencies 
    conducting confidential background checks; and
        ``(3) the designated State law enforcement agency and any local 
    law enforcement agency authorized by the State agency may release 
    relevant information that is necessary to protect the public 
    concerning a specific person required to register under this 
    section, except that the identity of a victim of an offense that 
    requires registration under this section shall not be released.''
    Subsec. (g). Pub. L. 104-236, Sec. 5, added subsec. (g).


                    Effective Date of 1997 Amendment

    Section 115(c) of Pub. L. 105-119 provided that: ``This section 
[amending this section, section 14072 of this title, and sections 3521, 
3563, 3583, 4042, and 4209 of Title 18, Crimes and Criminal Procedure, 
enacting provisions set out as notes under section 14039 of this title 
and section 951 of Title 10, Armed Forces, and amending provisions set 
out as a note under this section] shall take effect on the date of the 
enactment of this Act [Nov. 26, 1997], except that--
        ``(1) subparagraphs (A), (B), and (C) of subsection (a)(8) 
    [amending sections 3563, 3583, 4042, and 4209 of Title 18, Crimes 
    and Criminal Procedure, and enacting provisions set out as a note 
    under section 951 of Title 10, Armed Forces] shall take effect 1 
    year after the date of the enactment of this Act; and
        ``(2) States shall have 3 years from such date of enactment to 
    implement amendments made by this Act [probably should be ``this 
    section''] which impose new requirements under the Jacob Wetterling 
    Crimes Against Children and Sexually Violent Offender Registration 
    Act [42 U.S.C. 14071 et seq.], and the Attorney General may grant an 
    additional 2 years to a State that is making good faith efforts to 
    implement these amendments.''


                    Effective Date of 1996 Amendment

    Section 10 of Pub. L. 104-236, as amended by Pub. L. 105-119, title 
I, Sec. 115(a)(7), Nov. 26, 1997, 111 Stat. 2464, provided that:
    ``(a) In General.--This Act [enacting sections 14072 and 14073 of 
this title, amending this section, and enacting provisions set out as 
notes under this section and section 13701 of this title] and the 
amendments made by this Act shall become effective 1 year after the date 
of enactment of this Act [Oct. 3, 1996].
    ``(b) Compliance by States.--Each State shall implement the 
amendments made by sections 3, 4, 5, 6, and 7 of this Act [amending this 
section] not later than 3 years after the date of enactment of this Act, 
except that the Attorney General may grant an additional 2 years to a 
State that is making good faith efforts to implement such amendments.
    ``(c) Ineligibility for Funds.--
        ``(1) A State that fails to implement the program as described 
    in sections 3, 4, 5, 6, and 7 of this Act [amending this section] 
    shall not receive 10 percent of the funds that would otherwise be 
    allocated to the State under section 506 of the Omnibus Crime 
    Control and Safe Streets Act of 1968 (42 U.S.C. 3756).
        ``(2) Any funds that are not allocated for failure to comply 
    with section 3, 4, 5, 6, or 7 of this Act shall be reallocated to 
    States that comply with these sections.
    ``(d) Effective Date.--States shall be allowed the time specified in 
subsection (b) to establish minimally sufficient sexual offender 
registration programs for purposes of the amendments made by section 2 
[enacting section 14072 of this title]. Subsections (c) and (k) of 
section 170102 of the Violent Crime Control and Law Enforcement Act of 
1994 [42 U.S.C. 14072(c), (k)], and any requirement to issue related 
regulations, shall take effect at the conclusion of the time provided 
under this subsection for the establishment of minimally sufficient 
sexual offender registration programs.''


                               Regulations

    Section 9 of Pub. L. 104-236 provided that: ``Not later than 1 year 
after the date of enactment of this Act [Oct. 3, 1996], the Attorney 
General shall issue regulations to carry out this Act [see Effective 
Date of 1996 Amendment note above] and the amendments made by this 
Act.''


                              Severability

    Section 11 of Pub. L. 104-236 provided that: ``If any provision of 
this Act [see Effective Date of 1996 Amendment note above], an amendment 
made by this Act, or the application of such provision or amendment to 
any person or circumstance is held to be unconstitutional, the remainder 
of this Act, the amendments made by this Act, and the application of the 
provisions of such to any person or circumstance shall not be affected 
thereby.''

                          Transfer of Functions

    Effective Aug. 1, 2000, all functions of Director of Bureau of 
Justice Assistance, other than those enumerated in section 3742(3) to 
(6) of this title, transferred to Assistant Attorney General for Office 
of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of 
Pub. L. 106-113, set out as a note under section 3741 of this title.


           Study of Sex Offender Management Assistance Program

    Pub. L. 105-314, title VI, Sec. 607(b), Oct. 30, 1998, 112 Stat. 
2986, provided that: ``Not later than March 1, 2000, the Director shall 
conduct a study to assess the efficacy of the Sex Offender Management 
Assistance Program under section 170101(i) of the Violent Crime Control 
and Law Enforcement Act of 1994 (42 U.S.C. 14071(i)), as added by this 
section, and submit recommendations to Congress.''


                            Study of Hotlines

    Pub. L. 105-314, title IX, Sec. 902, Oct. 30, 1998, 112 Stat. 2991, 
provided that:
    ``(a) In General.--Not later than 1 year after the date of the 
enactment of this Act [Oct. 30, 1998], the Attorney General shall 
conduct a study in accordance with subsection (b) and submit to Congress 
a report on the results of that study.
    ``(b) Contents of Study.--The study under this section shall include 
an examination of--
        ``(1) existing State programs for informing the public about the 
    presence of sexual predators released from prison, as required in 
    section 170101 of the Violent Crime Control and Law Enforcement Act 
    of 1994 (42 U.S.C. 14071), including the use of CD-ROMs, Internet 
    databases, and Sexual Offender Identification Hotlines, such as 
    those used in the State of California; and
        ``(2) the feasibility of establishing a national hotline for 
    parents to access a Federal Bureau of Investigation database that 
    tracks the location of convicted sexual predators established under 
    section 170102 of the Violent Crime Control and Law Enforcement Act 
    of 1994 (42 U.S.C. 14072) and, in determining that feasibility, the 
    Attorney General shall examine issues including the cost, necessary 
    changes to Federal and State laws necessitated by the creation of 
    such a hotline, consistency with Federal and State case law 
    pertaining to community notification, and the need for, and accuracy 
    and reliability of, the information available through such a 
    hotline.''

                  Section Referred to in Other Sections

    This section is referred to in section 14072 of this title; title 18 
sections 3563, 3583.
