Section 3756 of this title, referred to in subsec. (g)(2)(A), was repealed and a new section 3756 enacted by Pub. L. 109–162, title XI, § 1111(a)(1), (2)(C), Jan. 5, 2006, 119 Stat. 3094, 3100. Provisions relating to allocations to States are contained in section 3755 of this title. See section 3750 (b)(2) of this title.

Section 3796dd (d)(10) of this title, as added by the PROTECT Act, referred to in subsec. (i)(3), means section 3796dd (d)(10) of this title, as added by Pub. L. 108–21, which was redesignated section 3796dd (b)(15) by Pub. L. 109–162, title XI, § 1163(a)(3)(B), Jan. 5, 2006, 119 Stat. 3119.

2006—Subsec. (a)(1)(B). Pub. L. 109–162 substituted “for the time period specified in” for “unless such requirement is terminated under”.

2003—Pub. L. 108–21, § 605(a)(1), substituted “Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program” for “Establishment of Program” in section catchline.

Subsec. (a)(3)(A)(viii), (ix). Pub. L. 108–21, § 605(a)(2), added cl. (viii) and redesignated former cl. (viii) as (ix).

Subsec. (e)(2). Pub. L. 108–21, § 604(a), inserted at end “The release of information under this paragraph shall include the maintenance of an Internet site containing such information that is available to the public and instructions on the process for correcting information that a person alleges to be erroneous.”

Subsec. (i)(3). Pub. L. 108–21, § 606, amended heading and text of par. (3) generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to carry out this subsection, $25,000,000 for each of fiscal years 1999 and 2000.”

2000—Subsec. (j). Pub. L. 106–386 added subsec. (j).

1998—Subsecs. (g), (h). Pub. L. 105–314, § 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, § 607(a)(2), added subsec. (i).

1997—Subsec. (a)(1)(A), (B). Pub. L. 105–119, § 115(a)(1)(A), struck out “with a designated State law enforcement agency” after “current address”.

Subsec. (a)(2). Pub. L. 105–119, § 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, § 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, § 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, § 115(a)(1)(D), added subpars. (F) and (G).

Subsec. (b)(1). Pub. L. 105–119, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 115(a)(2)(F), added par. (7).

Subsec. (c). Pub. L. 105–119, § 115(a)(3), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 105–119, § 115(a)(3), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 105–119, § 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, § 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, § 115(a)(3), redesignated subsec. (f), relating to compliance, as (g).

1996—Subsec. (a)(2). Pub. L. 104–236, § 4, inserted before period at end “, victim rights advocates, and representatives from law enforcement agencies”.

Subsec. (b)(2). Pub. L. 104–236, § 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, § 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, § 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, § 5, added subsec. (g).

Pub. L. 109–248, title I, § 129(b), July 27, 2006, 120 Stat. 601, provided that: “Notwithstanding any other provision of this Act [see Tables for classification], this section [repealing this section and sections 14072 and 14073 of this title] shall take effect on the date of the deadline determined in accordance with section 124 (a) [42 U.S.C. 16924 (a)].”

Pub. L. 108–21, title VI, § 604(b), Apr. 30, 2003, 117 Stat. 688, provided that: “Each State shall implement the amendment made by this section [amending this section] within 3 years after the date of enactment of this Act [Apr. 30, 2003], except that the Attorney General may grant an additional 2 years to a State that is making a good faith effort to implement the amendment made by this section.”

Pub. L. 106–386, div. B, title VI, § 1601(b)(2), Oct. 28, 2000, 114 Stat. 1537, provided that: “The amendment made by this subsection [amending this section] shall take effect 2 years after the date of the enactment of this Act [Oct. 28, 2000].”

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.”

Section 10 of Pub. L. 104–236, as amended by Pub. L. 105–119, title I, § 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 ([former] 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.”

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.”

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.”

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, § 108(b)] of Pub. L. 106–113, set out as a note under section 3741 of this title.

Pub. L. 109–162, title XI, § 1153(a), Jan. 5, 2006, 119 Stat. 3113, provided that: “A State shall not be treated, for purposes of any provision of law, as having failed to comply with section 170101 (42 U.S.C. 14071) or 170102 (42 U.S.C. 14072) of the Violent Crime Control and Law Enforcement Act of 1994 until 36 months after the date of the enactment of this Act [Jan. 5, 2006], except that the Attorney General may grant an additional 24 months to a State that is making good faith efforts to comply with such sections.”

Pub. L. 108–21, title VI, § 604(c), Apr. 30, 2003, 117 Stat. 688, provided that: “The Crimes Against Children Section of the Criminal Division of the Department of Justice shall create a national Internet site that links all State Internet sites established pursuant to this section [amending this section and enacting provisions set out as a note under this section].”

Pub. L. 105–314, title VI, § 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.”

Pub. L. 105–314, title IX, § 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.”