[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 431 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                    September 27, 2008.
    Resolved, That the bill from the Senate (S. 431) entitled ``An Act 
to require convicted sex offenders to register online identifiers, and 
for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keeping the Internet Devoid of 
Sexual Predators Act of 2008'' or the ``KIDS Act of 2008''.

SEC. 2. DIRECTION TO THE ATTORNEY GENERAL.

    (a) Requirement That Sex Offenders Provide Certain Internet Related 
Information to Sex Offender Registries.--The Attorney General, using 
the authority provided in section 114(a)(7) of the Sex Offender 
Registration and Notification Act, shall require that each sex offender 
provide to the sex offender registry those Internet identifiers the sex 
offender uses or will use of any type that the Attorney General 
determines to be appropriate under that Act. These records of Internet 
identifiers shall be subject to the Privacy Act (5 U.S.C. 552a) to the 
same extent as the other records in the National Sex Offender Registry.
    (b) Timeliness of Reporting of Information.--The Attorney General, 
using the authority provided in section 112(b) of the Sex Offender 
Registration and Notification Act, shall specify the time and manner 
for keeping current information required to be provided under this 
section.
    (c) Nondisclosure to General Public.--The Attorney General, using 
the authority provided in section 118(b)(4) of the Sex Offender 
Registration and Notification Act, shall exempt from disclosure all 
information provided by a sex offender under subsection (a).
    (d) Notice to Sex Offenders of New Requirements.--The Attorney 
General shall ensure that procedures are in place to notify each sex 
offender of changes in requirements that apply to that sex offender as 
a result of the implementation of this section.
    (e) Definitions.--
            (1) Of ``social networking website''.--As used in this Act, 
        the term ``social networking website''--
                    (A) means an Internet website--
                            (i) that allows users, through the creation 
                        of web pages or profiles or by other means, to 
                        provide information about themselves that is 
                        available to the public or to other users; and
                            (ii) that offers a mechanism for 
                        communication with other users where such users 
                        are likely to include a substantial number of 
                        minors; and
                            (iii) whose primary purpose is to 
                        facilitate online social interactions; and
                    (B) includes any contractors or agents used by the 
                website to act on behalf of the website in carrying out 
                the purposes of this Act.
            (2) Of ``internet identifiers''.--As used in this Act, the 
        term ``Internet identifiers'' means electronic mail addresses 
        and other designations used for self-identification or routing 
        in Internet communication or posting.
            (3) Other terms.--A term defined for the purposes of the 
        Sex Offender Registration and Notification Act has the same 
        meaning in this Act.

SEC. 3. CHECKING SYSTEM FOR SOCIAL NETWORKING WEBSITES.

    (a) In General.--
            (1) Secure system for comparisons.--The Attorney General 
        shall establish and maintain a secure system that permits 
        social networking websites to compare the information contained 
        in the National Sex Offender Registry with the Internet 
        identifiers of users of the social networking websites, and 
        view only those Internet identifiers that match. The system--
                    (A) shall not require or permit any social 
                networking website to transmit Internet identifiers of 
                its users to the operator of the system, and
                    (B) shall use secure procedures that preserve the 
                secrecy of the information made available by the 
                Attorney General, including protection measures that 
                render the Internet identifiers and other data elements 
                indecipherable.
            (2) Provision of information relating to identity.--Upon 
        receiving a matched Internet identifier, the social networking 
        website may make a request of the Attorney General for, and the 
        Attorney General shall provide promptly, information related to 
        the identity of the individual that has registered the matched 
        Internet identifier. This information is limited to the name, 
        sex, resident address, photograph, and physical description.
    (b) Qualification for Use of System.--A social networking website 
seeking to use the system shall submit an application to the Attorney 
General which provides--
            (1) the name and legal status of the website;
            (2) the contact information for the website;
            (3) a description of the nature and operations of the 
        website;
            (4) a statement explaining why the website seeks to use the 
        system;
            (5) a description of policies and procedures to ensure 
        that--
                    (A) any individual who is denied access to that 
                website on the basis of information obtained through 
                the system is promptly notified of the basis for the 
                denial and has the ability to challenge the denial of 
                access; and
                    (B) if the social networking website finds that 
                information is inaccurate, incomplete, or cannot be 
                verified, the site immediately notifies the appropriate 
                State registry and the Department of Justice, so that 
                they may delete or correct that information in the 
                respective State and national databases;
            (6) the identity and address of, and contact information 
        for, any contractor that will be used by the social networking 
        website to use the system; and
            (7) such other information or attestations as the Attorney 
        General may require to ensure that the website will use the 
        system--
                    (A) to protect the safety of the users of such 
                website; and
                    (B) for the limited purpose of making the automated 
                comparison described in subsection (a).
    (c) Searches Against the System.--
            (1) Frequency of use of the system.--A social networking 
        website approved by the Attorney General to use the system may 
        conduct searches under the system as frequently as the Attorney 
        General may allow.
            (2) Authority of attorney general to suspend use.--The 
        Attorney General may deny, suspend, or terminate use of the 
        system by a social networking website that--
                    (A) provides false information in its application 
                for use of the system;
                    (B) may be using or seeks to use the system for any 
                unlawful or improper purpose;
                    (C) fails to comply with the procedures required 
                under subsection (b)(5); or
                    (D) uses information obtained from the system in 
                any way that is inconsistent with the purposes of this 
                Act.
            (3) Limitation on release of internet identifiers.--
                    (A) No public release.--Neither the Attorney 
                General nor a social networking website approved to use 
                the system may release to the public any list of the 
                Internet identifiers of sex offenders contained in the 
                system.
                    (B) Additional limitations.--The Attorney General 
                shall limit the release of information obtained through 
                the use of the system established under subsection (a) 
                by social networking websites approved to use such 
                system.
                    (C) Strict adherence to limitation.--The use of the 
                system established under subsection (a) by a social 
                networking website shall be conditioned on the 
                website's agreement to observe the limitations required 
                under this paragraph.
                    (D) Rule of construction.--This subsection shall 
                not be construed to limit the authority of the Attorney 
                General under any other provision of law to conduct or 
                to allow searches or checks against sex offender 
                registration information.
            (4) Payment of fee.--A social networking website approved 
        to use the system shall pay any fee established by the Attorney 
        General for use of the system.
            (5) Limitation on liability.--
                    (A) In general.--A civil claim against a social 
                networking website, including any director, officer, 
                employee, parent, contractor, or agent of that social 
                networking website, arising from the use by such 
                website of the National Sex Offender Registry, may not 
                be brought in any Federal or State court.
                    (B) Intentional, reckless, or other misconduct.--
                Subparagraph (A) does not apply to a claim if the 
                social networking website, or a director, officer, 
                employee, parent, contractor, or agent of that social 
                networking website--
                            (i) engaged in intentional misconduct; or
                            (ii) acted, or failed to act--
                                    (I) with actual malice;
                                    (II) with reckless disregard to a 
                                substantial risk of causing injury 
                                without legal justification; or
                                    (III) for a purpose unrelated to 
                                the performance of any responsibility 
                                or function described in paragraph (3).
                    (C) Minimizing access.--A social networking website 
                shall minimize the number of employees that are 
                provided access to the Internet identifiers for which a 
                match has been found through the system.
            (6) Rule of construction.--Nothing in this section shall be 
        construed to require any Internet website, including a social 
        networking website, to use the system, and no Federal or State 
        liability, or any other actionable adverse consequence, shall 
        be imposed on such website based on its decision not to do so.

SEC. 4. MODIFICATION OF MINIMUM STANDARDS REQUIRED FOR ELECTRONIC 
              MONITORING UNITS USED IN SEXUAL OFFENDER MONITORING PILOT 
              PROGRAM.

    (a) In General.--Subparagraph (C) of section 621(a)(1) of the Adam 
Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16981(a)(1)) 
is amended to read as follows:
                    ``(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.''.
    (b) Effective Date.-- The amendment made by subsection (a) shall 
apply to grants provided on or after the date of the enactment of this 
Act.

            Attest:

                                                                 Clerk.
110th CONGRESS

  2d Session

                                 S. 431

_______________________________________________________________________

                               AMENDMENT