[House Report 115-142]
[From the U.S. Government Publishing Office]


115th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      115-142

======================================================================



 
                 ADAM WALSH REAUTHORIZATION ACT OF 2017

                                _______
                                

  May 22, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1188]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1188) to reauthorize certain programs established by 
the Adam Walsh Child Protection and Safety Act of 2006, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................     4
Background and Need for the Legislation..........................     4
Hearings.........................................................     8
Committee Consideration..........................................     9
Committee Votes..................................................     9
Committee Oversight Findings.....................................    11
New Budget Authority and Tax Expenditures........................    11
Congressional Budget Office Cost Estimate........................    11
Duplication of Federal Programs..................................    13
Disclosure of Directed Rule Makings..............................    13
Performance Goals and Objectives.................................    13
Advisory on Earmarks.............................................    13
Section-by-Section Analysis......................................    13
Changes in Existing Law Made by the Bill, as Reported............    15
Additional Views.................................................    27

                             The Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Adam Walsh Reauthorization Act of 
2017''.

SEC. 2. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM 
                    REAUTHORIZATION.

  Section 126(d) of the Adam Walsh Child Protection and Safety Act of 
2006 (42 U.S.C. 16926(d)) is amended to read as follows:
  ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General $20,000,000 for each of the fiscal 
years 2018 through 2022, to be available only for the SOMA program.''.

SEC. 3. REAUTHORIZATION OF FEDERAL ASSISTANCE WITH RESPECT TO 
                    VIOLATIONS OF REGISTRATION REQUIREMENTS.

  Section 142(b) of the Adam Walsh Child Protection and Safety Act of 
2006 (42 U.S.C. 16941(b)) is amended to read as follows:
  ``(b) For each of fiscal years 2018 through 2022, of amounts made 
available to the United States Marshals Service, not less than 
$60,000,000 shall be available to carry out this section.''.

SEC. 4. DURATION OF SEX OFFENDER REGISTRATION REQUIREMENTS FOR CERTAIN 
                    JUVENILES.

  Subparagraph (B) of section 115(b)(2) of the Adam Walsh Child 
Protection and Safety Act of 2006 (42 U.S.C. 16915(b)(2)) is amended by 
striking ``25 years'' and inserting ``15 years''.

SEC. 5. PUBLIC ACCESS TO JUVENILE SEX OFFENDER INFORMATION.

  Section 118(c) of the Adam Walsh Child Protection and Safety Act of 
2006 (42 U.S.C. 16918(c)) is amended--
          (1) by striking ``and'' after the semicolon in paragraph (3);
          (2) by redesignating paragraph (4) as paragraph (5); and
          (3) by inserting after paragraph (3) the following:
          ``(4) any information about a sex offender for whom the 
        offense giving rise to the duty to register was an offense for 
        which the offender was adjudicated delinquent; and''.

SEC. 6. PROTECTION OF LOCAL GOVERNMENTS FROM STATE NONCOMPLIANCE 
                    PENALTY UNDER SORNA.

  Section 125 of the Adam Walsh Child Protection and Safety Act of 2006 
(42 U.S.C. 16925(a)) is amended--
          (1) by striking ``jurisdiction'' each place it appears and 
        inserting ``State'';
          (2) in subsection (a)--
                  (A) by striking ``subpart 1 of part E'' and inserting 
                ``section 505(c)''; and
                  (B) by striking ``(42 U.S.C. 3750 et seq.)'' and 
                inserting ``(42 U.S.C. 3755(c))''; and
          (3) by adding at the end the following:
  ``(e) Calculation of Allocation to Units of Local Government.--
Notwithstanding the formula under section 505(c) of the Omnibus Crime 
Control and Safe Streets Act 1968 (42 U.S.C. 3755(c)), a State which is 
subject to a reduction in funding under subsection (a) shall--
          ``(1) calculate the amount to be made available to units of 
        local government by the State pursuant to the formula under 
        section 505(c) using the amount that would otherwise be 
        allocated to that State for that fiscal year under section 
        505(c) of that Act, and make such amount available to such 
        units of local government; and
          ``(2) retain for the purposes described in section 501 any 
        amount remaining after the allocation required by paragraph 
        (1).''.

SEC. 7. ADDITIONAL INFORMATION TO BE INCLUDED IN ANNUAL REPORT ON 
                    ENFORCEMENT OF REGISTRATION REQUIREMENTS.

  Section 635 of the Adam Walsh Child Protection and Safety Act of 2006 
(42 U.S.C. 16991) is amended--
          (1) by striking ``Not later than July 1 of each year'' and 
        inserting ``On January 1 of each year,'';
          (2) in paragraph (3), by inserting before the semicolon at 
        the end the following: ``, and an analysis of any common 
        reasons for noncompliance with such Act'';
          (3) in paragraph (4), by striking ``and'' at the end;
          (4) in paragraph (5), by striking the period at the end and 
        inserting a semicolon; and
          (5) by adding after paragraph (5) the following:
          ``(6) the number of sex offenders registered in the National 
        Sex Offender Registry;
          ``(7) the number of sex offenders registered in the National 
        Sex Offender Registry who--
                  ``(A) are adults;
                  ``(B) are juveniles; and
                  ``(C) are adults, but who are required to register as 
                a result of conduct committed as a juvenile; and
          ``(8) to the extent such information is obtainable, of the 
        number of sex offenders registered in the National Sex Offender 
        Registry who are juveniles--
                  ``(A) the percentage of such offenders who were 
                adjudicated delinquent; and
                  ``(B) the percentage of such offenders who were 
                prosecuted as adults.''.

SEC. 8. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.

  (a) Probation Officers.--Section 3603 of title 18, United States 
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and 
inserting ``, 4246, or 4248''.
  (b) Pretrial Services Officers.--Section 3154 of title 18, United 
States Code, is amended in paragraph (12)(A) by striking ``or 4246'' 
and inserting ``, 4246, or 4248''.

SEC. 9. CIVIL REMEDY FOR SURVIVORS OF CHILD SEXUAL EXPLOITATION AND 
                    HUMAN TRAFFICKING.

  Section 2255(b) of title 18, United States Code, is amended--
          (1) by striking ``three years'' and inserting ``10 years''; 
        and
          (2) by inserting ``ends'' before the period at the end.

SEC. 10. TRIBAL ACCESS PROGRAM.

  The Attorney General is authorized to provide technical assistance, 
including equipment, to tribal governments for the purpose of enabling 
such governments to access, enter information into, and obtain 
information from, Federal criminal information databases, as authorized 
under section 534(d) of title 28, United States Code. The Department of 
Justice Working Capital Fund (established under section 527 of title 
28, United States Code) may be reimbursed by federally recognized 
tribes for technical assistance provided pursuant to this section.

SEC. 11. ALTERNATIVE MECHANISMS FOR IN-PERSON VERIFICATION.

  Section 116 of the Adam Walsh Child Protection and Safety Act of 2006 
(42 U.S.C. 16916) is amended--
          (1) by striking ``A sex offender shall'' and inserting the 
        following:
  ``(a) In General.--Except as provided in subsection (b), a sex 
offender shall''; and
          (2) by adding at the end the following:
  ``(b) Alternative Verification Method.--A jurisdiction may allow a 
sex offender to comply with the requirements under subsection (a) by an 
alternative verification method approved by the Attorney General, 
except that each offender shall appear in person not less than one time 
per year. The Attorney General shall approve an alternative 
verification method described in this subsection prior to its 
implementation by a jurisdiction in order to ensure that such method 
provides for verification that is sufficient to ensure the public 
safety.''.

SEC. 12. CLARIFICATION OF AGGRAVATED SEXUAL ABUSE.

  Section 111(8) of the Adam Walsh Child Protection and Safety Act of 
2006 (42 U.S.C. 16911(8)) is amended by inserting ``subsection (a) or 
(b) of'' before ``section 2241 of title 18, United States Code''.

SEC. 13. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES.

  Section 634(c) of the Adam Walsh Child Protection and Safety Act of 
2006 is amended by adding at the end the following:
          ``(3) Additional report.--Not later than one year after the 
        date of enactment of the Adam Walsh Reauthorization Act of 
        2017, the National Institute of Justice shall submit to 
        Congress a report on the public safety impact, recidivism, and 
        collateral consequences of long-term registration of juvenile 
        sex offenders, based on the information collected for the study 
        under subsection (a) and any other information the National 
        Institute of Justice determines necessary for such report.''.

                          Purpose and Summary

    H.R. 1188, the Adam Walsh Reauthorization Act of 2017, 
would reauthorize the two primary programs of the Adam Walsh 
Act for five years: the Sex Offender Management Assistance 
Program and the Sex Offender Registration and Notification Act 
(``SORNA'')--for five years. H.R. 1188 also makes targeted 
changes to the SORNA requirements to encourage SORNA 
implementation, such as lowering the length of time certain 
juveniles must register, allowing non-public registry of 
juveniles, providing additional aid to tribal programs in 
supervising offenders, and allowing alternate verification 
methods for those in rural areas. H.R. 1188 also requires 
adequate supervision of dangerous sex offenders by pretrial 
services and parole officers, and amends the statute of 
limitations to allow individuals who were victims of 
exploitation or trafficking as juveniles to have 10 years after 
becoming an adult to file suit for a civil remedy.

                Background and Need for the Legislation

    In 1994, Congress passed the Jacob Wetterling Crimes 
Against Children and Sexually Violent Offender Registration 
Act. This legislation mandated that states track violent sex 
offenders and established guidelines for tracking those 
offenders. Over the years, Congress continued its vigilance in 
tracking sex offenders, which ultimately culminated in a 
comprehensive piece of legislation titled the Adam Walsh Child 
Protection and Safety Act of 2006 (``the Adam Walsh Act''). The 
Adam Walsh Act created a new baseline standard for 
jurisdictions to implement regarding sex offender registration 
and notification, and expanded the number of sex offenses that 
must be captured by registration jurisdictions. Additionally, 
it created the Office of Sex Offender Sentencing, Monitoring, 
Apprehending, Registering, and Tracking (``SMART Office'') 
within the Department of Justice's Office of Justice Programs, 
to administer the standards for sex offender notification and 
registration, administer the grant programs authorized by the 
Adam Walsh Act, and coordinate related training and technical 
assistance.
    Title I of the Adam Walsh Act, the Sex Offender 
Registration and Notification Act (``SORNA''),\1\ establishes 
minimum national standards for sex offender registration and 
notification in the jurisdictions to which it applies. The 
class of offenders required to register includes anyone found 
in the United States and previously convicted of a Federal, 
State, local, tribal, military, or foreign ``qualifying 
offense,'' although, strictly speaking, violations of the laws 
of the District of Columbia or U.S. territories are not 
specifically mentioned as qualifying offenses. Offenders must 
register in each state or territory in which they live, work, 
or attend school. There are five classes of qualifying 
offenses: (1) crimes identified as one of the specific offenses 
against a minor; (2) crimes in which some sexual act or sexual 
conduct is an element; (3) designated federal sex offenses; (4) 
specified military offenses; and (5) attempts or conspiracy to 
commit any offense in the other four classes of qualifying 
offenses. The inventory of qualifying offenses is subject to 
exception. Conviction for an otherwise qualifying foreign 
offense does not necessitate registration if it was not secured 
in a manner that satisfies minimal due process requirements 
under guidelines or regulations promulgated by the Attorney 
General. Nor does conviction of a consensual sex offense 
require registration if the victim is an adult not in the 
custody of the offender, or if the victim is 13 years of age or 
older and the offender is no more than four years older. 
Finally, juvenile delinquency adjudications do not constitute 
qualifying convictions unless the offender is 14 years of age 
or older at the time of the misconduct and the misconduct 
adjudicated is comparable to, or more severe than, aggravated 
sexual assault or attempt or conspiracy to commit such an 
offense.
---------------------------------------------------------------------------
    \1\42 U.S.C. Sec. 16901 et seq.
---------------------------------------------------------------------------
    Those required to register must provide their name, Social 
Security number, the name and address of their employer(s), the 
name and address of places where they attend school, and the 
license plate numbers and descriptions of vehicles they own or 
operate. The jurisdiction of registration must also include a 
physical description and current photograph of the registrant 
and a copy of his driver's license or government issued 
identification card; a set of fingerprints, palm prints, and a 
DNA sample; the text of the law under which he was convicted; a 
criminal record that includes the dates of any arrests and 
convictions, any outstanding warrants, as well as parole, 
probation, supervisory release, and registration status; and 
any other information required by the Attorney General. The 
regularity with which registrants must appear for new 
photographs and to verify their registration information 
depends upon their status. It is at least every three months 
for Tier III offenders. Tier II offenders must reappear no less 
frequently than every six months. Tier I offenders must 
reappear for new photographs and verification at least once a 
year. Tier I offenders must maintain their registration for 15 
years, which can be reduced to 10 years. Tier II offenders must 
maintain their registration for 25 years. Tier III offenders 
must maintain their registration for life, which can be reduced 
to 25 years in certain cases.\2\
---------------------------------------------------------------------------
    \2\Tier III offenders are those convicted of a felony constituting 
or at least comparable in severity to kidnaping (other than by a parent 
or guardian); or to the felonious commission of, or attempt or 
conspiracy to commit, abusive sexual contact against a child under 13 
years of age, or sexual abuse or aggravated sexual abuse; or those who 
have previously qualified as Tier II offenders at the time of 
conviction. They must appear to verify registration every three months. 
Tier II offenders must reappear no less frequently than every six 
months. Tier II offenders are those with a felony conviction for 
violation of either: one of several designated federal sex offenses (or 
at least its equivalent in severity), or one of three generically 
described sex offenses. The federal offenses are violations of 18 
U.S.C. Sec. Sec. 1591 (sex trafficking), 2422(b) (use of a facility in 
interstate or foreign commerce to coerce or entice a child to engage in 
illicit sexual activity), 2423(a) (interstate transportation of a child 
for illicit sexual purposes), 2244 (abusive sexual contact). The 
generic offenses are use of a child in a sexual performance, 
solicitation of a child to practice prostitution, and production or 
distribution of child pornography. An offender is also a Tier II 
offender who prior to the conviction triggering the registration 
requirement was already been classified as a Tier I offender. Tier I 
offenders are those required to register who are neither Tier II nor 
Tier III offenders, and must reappear for new photographs and 
verification at least once a year.
---------------------------------------------------------------------------
    The Act makes failure to register a federal crime for 
offenders convicted of a federal qualifying offense, or who 
travel in interstate commerce, or who travel in Indian country, 
or who live in Indian country. Violations are punishable by 
imprisonment for not more than 10 years and by an additional 
penalty, to be served consecutively, of not less than five or 
more than 30 years if the offender commits a crime of violence. 
Moreover, violation exposes an offender to a term of supervised 
release for not less than five years or for life. If the 
offender is a foreign national, he becomes deportable upon 
conviction.
    The Act establishes, reinforces, and revives several grant 
programs devoted to child and community safety. It also 
includes a wide assortment of other provisions designed to 
prevent, prosecute, or punish the victimization of children. 
Among them are sections that broaden access to federal criminal 
records information systems, create a national child abuse 
registry, expand recordkeeping requirements for those in the 
business of producing sexually explicit material, immunize 
officials from civil liability for activities involving sexual 
offender registration, and authorize and direct the Department 
of Justice to establish and maintain a number of child 
protective activities.

1. Challenges in the implementation of SORNA

    SORNA provides a financial incentive for eligible 
jurisdictions to adopt its standards by requiring a 10 percent 
reduction of federal justice assistance funding to an eligible 
jurisdiction if the Attorney General determines that the 
jurisdiction has failed to ``substantially implement'' the 
program. SORNA also directs the Attorney General to issue 
guidelines and regulations to interpret and implement SORNA. 
The SMART Office assists all jurisdictions in their SORNA 
implementation efforts and determines whether the jurisdiction 
has substantially implemented SORNA's requirements in their 
registration and notification programs. ``Jurisdictions'' in 
the relevant sense are the 50 states, the District of Columbia, 
the five principal U.S. territories, and federally recognized 
Indian tribes that satisfy certain criteria.\3\
---------------------------------------------------------------------------
    \3\42 U.S.C. Sec. 16911(10).
---------------------------------------------------------------------------
    Initially, states had until July 27, 2009, to comply with 
provisions of the Act or face a 10 percent reduction to Byrne 
law enforcement assistance grants. A one-year blanket extension 
was granted by the Attorney General in May 2009. In 2010, 
another extension was granted by the Attorney General to all 
states that requested one; therefore, in order to receive 
funding, states were to comply by July 2011.
    To date, 128 jurisdictions (17 states, 108 tribes and 3 
territories) have substantially implemented SORNA's 
requirements. States that are not in substantial compliance 
cite trouble complying with the retroactivity of the law; a 
stated preference toward individualized assessment versus a 
system based on crime of the offense; and a reluctance to place 
juveniles on the registry, as hurdles toward coming into 
compliance. Historically, the juvenile registration system has 
faced the most scrutiny as the federal government attempts to 
implement SORNA requirements across all jurisdictions. However, 
the guidelines issued by the SMART office in August 2016 
significantly allay the concerns jurisdictions had previously 
expressed and allow jurisdictions with discretionary systems 
for juveniles to be considered ``in compliance.''

2. Juvenile registration

    Historically, one asserted problem for jurisdictions 
declining to implement SORNA guidelines is the juvenile 
registration requirement. Despite the guidelines yielding a 
great deal of discretion in this arena, states are reporting a 
large amount of push-back in placing juveniles on sex-offender 
lists. In addition to requiring registration based on adult 
convictions for sex offenses, SORNA includes as covered ``sex 
offender[s]'' juveniles at least 14 years old who have been 
adjudicated delinquent for particularly serious sex 
offenses.\4\ In relation to the juvenile registration 
requirement, as in other contexts, the SMART Office 
``consider[s] on a case-by-case basis whether jurisdictions' 
procedures that do not exactly follow the provisions of SORNA . 
. . `substantially' implement SORNA, assessing whether the 
departure from a SORNA requirement will or will not 
substantially disserve the objectives of the requirement.''\5\
---------------------------------------------------------------------------
    \4\42 U.S.C. Sec. 16911(1), (8); see id. 16913 (setting forth 
registration requirements).
    \5\73 FR at 38048.
---------------------------------------------------------------------------
    The SORNA Guidelines, implemented in 2008, explained in 
particular that substantial implementation of SORNA need not 
include registration of juveniles adjudicated delinquent for 
certain lesser offenses within the scope of SORNA's juvenile 
registration provisions. The Guidelines stated that 
jurisdictions can achieve substantial implementation if they 
cover offenses by juveniles, at least 14 years old, that 
consist of engaging (or attempting or conspiring to engage) in 
a sexual act with another by force, the threat of serious 
violence, or by rendering unconscious or drugging the 
victim.\6\ This interpretation of substantial implementation 
addressed concerns about the potential registration of 
juveniles in some circumstances based on consensual sexual 
activity with other juveniles, which is outside the scope of 
the coverage required by the Guidelines.\7\
---------------------------------------------------------------------------
    \6\Id. at 38050.
    \7\See id. at 38040-41.
---------------------------------------------------------------------------
    The Supplemental Guidelines, implemented in 2011, noted 
that the SORNA Guidelines had endeavored to facilitate 
jurisdictions' compliance with SORNA's registration requirement 
for ``juveniles at least 14 years old who are adjudicated 
delinquent for particularly serious sex offenses,'' but that 
``resistance by some jurisdictions to public disclosure of 
information about sex offenders in this class has continued to 
be one of the largest impediments to SORNA implementation.''\8\ 
The Attorney General accordingly exercised his exemption 
authority ``to allow jurisdictions to exempt from public . . . 
disclosure information concerning sex offenders required to 
register on the basis of juvenile delinquency 
adjudications.''\9\ This exemption did not change the 
requirement that such juveniles be registered and that 
information about them be transmitted or made available ``to 
the national (non-public) databases of sex offender 
information, to law enforcement and supervision agencies.''
---------------------------------------------------------------------------
    \8\76 FR at 1636.
    \9\Id.
---------------------------------------------------------------------------
    Most recently, the Juvenile Supplemental Guidelines, 
effective August 1, 2016, asserted that if a jurisdiction does 
not register juveniles at least 14 years old who are 
adjudicated delinquent for particularly serious sex offenses in 
exact conformity with SORNA's provisions--for example, because 
the jurisdiction uses a discretionary process for determining 
such registration--the SMART Office will examine the following 
factors when assessing whether the jurisdiction has 
nevertheless substantially implemented SORNA's juvenile 
registration requirements: (i) policies and practices to 
prosecute as adults juveniles who commit serious sex offenses; 
(ii) policies and practices to register juveniles adjudicated 
delinquent for serious sex offenses; and (iii) other policies 
and practices to identify, track, monitor, or manage juveniles 
adjudicated delinquent for serious sex offenses who are in the 
community and to ensure that the records of their identities 
and sex offenses are available as needed for public safety 
purposes.
    Thus, a state may be in substantial compliance with SORNA 
even if it adopts an alternative process for dealing with 
juvenile registration.
            A. Legislation
    H.R. 1188, the Adam Walsh Reauthorization Act of 2017, 
would reauthorize the two primary programs of the Adam Walsh 
Act--the Sex Offender Management Assistance Program and SORNA--
for five years. As explained, SORNA sets minimum guidelines for 
state sex offender registries and establishes the Dru Sjodin 
National Sex Offender Public Website, which is a comprehensive 
national system for the registration and notification to the 
public of sex offenders. The Sex Offender Management Assistance 
Program provides funding to the states, tribes, and other 
jurisdictions to offset the costs of implementing and enhancing 
SORNA, and funding for the U.S. Marshals Service and other law 
enforcement agencies to assist jurisdictions in locating and 
apprehending sex offenders who violate registration 
requirements.
    H.R. 1188 also makes targeted changes to the SORNA 
requirements, in order to encourage the implementation of the 
Act. Notably, it gives states more flexibility in classifying 
sex offenders on their registry, lowering the period that 
juveniles must register from lifetime registration for a Tier 
III offense to 15 years where the juvenile had maintained a 
clean record. It would also permit states to limit public 
access to juvenile sex offender information. The bill also 
authorizes the Attorney General to provide technical assistance 
to tribal governments so they can access, enter information 
into, and obtain information from, Federal criminal information 
databases. Furthermore, it provides an alternative verification 
mechanism for in-person check-in, which would ease the burden 
on some jurisdictions that must expend time and money keeping 
track of offenders in rural areas.
    Finally, H.R. 1188 amends the statute of limitations to 
allow individuals who were victims of exploitation or 
trafficking as juveniles to have 10 years after becoming an 
adult to file suit for a civil remedy. The current statute of 
limitations is 10 years. Children under 18, however, are unable 
to bring a lawsuit, and the law currently gives these 
individuals only three years after turning 18 to begin a 
lawsuit. This provision would give individuals who were abused 
as children a full 10 years from the time they are legally 
allowed to bring suit to pursue civil remedies against their 
abuser or trafficker.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
1188, but held a hearing on the subject of child exploitation 
generally on March 16, 2017.

                        Committee Consideration

    On March 22, 2017, the Committee met in open session and 
ordered the bill H.R. 1188 favorably reported, an amendment, by 
voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following roll call votes occurred during the Committee's 
consideration of H.R. 1188.
    1. An Amendment, offered by Mr. Conyers to give states 
discretion in determining whether juveniles who have committed 
aggravated sexual abuse should be placed on a sex offender 
registry. The amendment was defeated by a roll call vote of 11 
to 15.

                             ROLLCALL NO. 1
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................
Mr. Issa (CA)..................................              X
Mr. King (IA)..................................
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................
Mr. Poe (TX)...................................              X
Mr. Chaffetz (UT)..............................              X
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Labrador (ID)..............................
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL)..............................              X
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................              X
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................              X
Mr. Biggs (AZ).................................              X
 
Mr. Conyers, Jr. (MI), Ranking Member..........      X
Mr. Nadler (NY)................................      X
Ms. Lofgren (CA)...............................
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................
Mr. Swalwell (CA)..............................      X
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................      X
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................     11      15
------------------------------------------------------------------------


    2. An Amendment, offered by Ms. Jackson Lee to give 
judicial discretion in determining whether juveniles over 14 
adjudicated delinquent for aggravated sexual abuse should be 
placed on a sex offender registry. The amendment was defeated 
by a roll call vote of 11 to 17.

                             ROLLCALL NO. 2
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Smith (TX).................................              X
Mr. Chabot (OH)................................              X
Mr. Issa (CA)..................................              X
Mr. King (IA)..................................
Mr. Franks (AZ)................................
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................
Mr. Poe (TX)...................................              X
Mr. Chaffetz (UT)..............................              X
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................              X
Mr. Labrador (ID)..............................
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................
Mr. DeSantis (FL)..............................              X
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................              X
Ms. Roby (AL)..................................              X
Mr. Gaetz (FL).................................
Mr. Johnson (LA)...............................              X
Mr. Biggs (AZ).................................              X
 
Mr. Conyers, Jr. (MI), Ranking Member..........      X
Mr. Nadler (NY)................................      X
Ms. Lofgren (CA)...............................
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................              X
Mr. Lieu (CA)..................................      X
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................      X
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................     11      17
------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 1188, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 5, 2017.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1188, the Adam 
Walsh Reauthorization Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                                        Keith Hall.
Enclosure
        cc: Honorable John Conyers Jr.
           Ranking Member

Duplication of Federal Programs




           H.R. 1188--Adam Walsh Reauthorization Act of 2017


 As ordered reported by the House Committee on the Judiciary on March 
                                22, 2017




    Summary: H.R. 1188 would authorize the appropriation of $80 
million annually over the 2018-2022 period for Department of 
Justice (DOJ) activities related to the registration of sex 
offenders. Assuming appropriation of the authorized amounts, 
CBO estimates that implementing H.R. 1188 would cost $353 
million over the 2018-2022 period.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 1188 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    H.R. 1188 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1188 is shown in the following table. 
The costs of this legislation fall within budget function 750 
(administration of justice).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2018     2019     2020     2021     2022   2018-2022
----------------------------------------------------------------------------------------------------------------
                                 Increases in spending subject to appropriation
 
Authorization Level.....................................       80       80       80       80       80       400
Estimated Outlays.......................................       55       67       74       77       80       353
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted by the end of fiscal year 2017, the 
authorized amounts will be appropriated each year, and outlays 
will follow the historical rate of spending for the programs 
authorized by the legislation. Specifically, the bill would:
           Authorize the appropriation of $20 million 
        annually over the 2018-2022 period for DOJ to assist 
        state and local governments with registering and 
        monitoring sex offenders; and
           Authorize the appropriation of $60 million 
        annually over the 2018-2022 period for the U.S. 
        Marshals Service to help local authorities locate and 
        apprehend sex offenders who do not comply with the 
        registration requirements.
    Pay-As-You-Go considerations: None.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting H.R. 1188 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    Intergovernmental and private-sector impact: H.R. 1188 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Mark Grabowicz; Impact 
on state, local, and tribal governments: Rachel Austin; Impact 
on the private sector: Paige Piper/Bach.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 1188 establishes or reauthorizes a 
program of the Federal government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 1188 specifically directs 
to be completed no specific rule makings within the meaning of 
5 U.S.C. Sec. 551.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
1188 reauthorizes the Sex Offender Management Assitance program 
and enforcement of the Sex Offender Registration and 
Notification Act, and makes changes designed to encourage state 
and tribal implementation of the Adam Walsh Act.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 1188 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    Section 1--Short Title. This section cites the short title 
of the bill as the ``Adam Walsh Reauthorization Act of 2017''.
    Section 2--Authorization of Sex Offender Management 
Assistance (SOMA). This section authorizes $20 million annually 
for the SOMA program through Fiscal Year 2022. While a number 
of other programs existed under the original Adam Walsh Act, 
this is the only program which has ever been funded on an 
annual basis.
    Section 3--Reauthorization of Federal Assistance with 
Respect to Violations of Registration Requirements. This 
section reauthorizes funding for federal law enforcement, 
including the United States Marshals Service, to assist local 
jurisdictions in locating and apprehending sex offenders who 
violate the registration requirements of their state. It 
removes language authorizing ``such sums as may be necessary'' 
and authorizes $66.3 million annually through FY 2021. This is 
consistent with recent appropriations for this program.
    Section 4--Duration of Sex Offender Registration 
Requirements for Certain Juveniles. In order for the states to 
receive full funding under the law, they must be in 
``substantial compliance'' with the standards Congress has set. 
The Sex Offender Sentencing, Monitoring, Apprehending, 
Registering, and Tracking (SMART) Office at Department of 
Justice works with the states to help them shape policy that 
substantially complies with the Act's standards.
    One of the standards Congress put in the original Act was a 
requirement for a tiered system of classifying offenders. Tier 
I offenders have to register for 15 years, Tier II for 25, and 
Tier III for life. The law also allowed states to reduce those 
requirements in certain cases. One such reduction was that a 
juvenile adjudicated for a Tier III offense could petition for 
de-registration at 25 years, if the offender kept a clean 
record. This section reduces that time to 15 years.
    This section would not apply to cases in which the minor 
was prosecuted as an adult; it applies only to cases in which a 
prosecutor decided to adjudicate the charge in the juvenile 
system.
    Section 5--Public Access to Juvenile Sex Offender 
Information. This section adds an optional exemption to the 
requirements of what needs to be made available on each state's 
sex offender registry. Specifically, it gives states the option 
to not list certain information about a juvenile offender who 
was adjudicated delinquent. Similar to Section 4, this section 
applies only to juveniles who are adjudicated delinquent, not 
anyone prosecuted as an adult.
    Section 6--Protection of Local Governments from State 
Noncompliance Penalty under SORNA. This section makes technical 
changes to the provision that encourages states to comply with 
the Adam Walsh Act, to clarify that the Byrne JAG money that is 
withheld is reserved for reallocation in accordance with 42 
U.S.C. Sec. 16925(c).
    Section 7--Comprehensive Examination of Sex Offender 
Issues. This section requires reporting to Congress by January 
1 of each year on implementation of the Adam Walsh Act. It 
requires the report to include common reasons for noncompliance 
across states as well as the number of adults and juveniles 
(and those who are adults but registered for conduct committed 
as a juvenile) registered in the National Sex Offender 
Registry.
    Section 8--Ensuring Supervision of Released Sexually 
Dangerous Persons. This section requires parole officers and 
pretrial service officers to stay informed as to the conduct 
and provide supervision of ``sexually dangerous persons'' 
released into their supervision pursuant to 18 U.S.C. 
Sec. 4248.
    Section 9--Civil Remedy for Survivors of Exploitation and 
Trafficking. This section amends the statute of limitations to 
allow individuals who were victims of exploitation or 
trafficking as juveniles to have 10 years after becoming an 
adult to file suit for a civil remedy.
    The current statute of limitations is 10 years. Children 
under 18, however, are unable to bring a lawsuit, and the law 
currently gives them three years after turning 18 to begin a 
lawsuit. This provision would give individuals abused as 
children a full 10 years from the time they are legally allowed 
to bring suit, to pursue a civil remedy against their abuser or 
trafficker.
    Section 10--Tribal Access Program. This section authorizes 
the Department of Justice to provide technical assistance to 
Tribal law enforcement agencies for the purpose of obtaining 
information from Federal criminal information databases, 
pursuant to existing law.
    Section 11--Alternative Mechanisms for In-Person 
Verification. This section allows jurisdictions to establish 
alternative means to comply with the in-person check in 
requirement, provided that the Attorney General approves the 
verification mechanism and every offender must appear in person 
at least once per year.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006

           *       *       *       *       *       *       *



TITLE I--SEX OFFENDER REGISTRATION AND NOTIFICATION ACT

           *       *       *       *       *       *       *


         Subtitle A--Sex Offender Registration and Notification

SEC. 111. RELEVANT DEFINITIONS, INCLUDING AMIE ZYLA EXPANSION OF SEX 
                    OFFENDER DEFINITION AND EXPANDED INCLUSION OF CHILD 
                    PREDATORS.

  In this title the following definitions apply:
          (1) Sex offender.--The term ``sex offender'' means an 
        individual who was convicted of a sex offense.
          (2) Tier i sex offender.--The term ``tier I sex 
        offender'' means a sex offender other than a tier II or 
        tier III sex offender.
          (3) Tier ii sex offender.--The term ``tier II sex 
        offender'' means a sex offender other than a tier III 
        sex offender whose offense is punishable by 
        imprisonment for more than 1 year and--
                  (A) is comparable to or more severe than the 
                following offenses, when committed against a 
                minor, or an attempt or conspiracy to commit 
                such an offense against a minor:
                          (i) sex trafficking (as described in 
                        section 1591 of title 18, United States 
                        Code);
                          (ii) coercion and enticement (as 
                        described in section 2422(b) of title 
                        18, United States Code);
                          (iii) transportation with intent to 
                        engage in criminal sexual activity (as 
                        described in section 2423(a)) of title 
                        18, United States Code;
                          (iv) abusive sexual contact (as 
                        described in section 2244 of title 18, 
                        United States Code);
                  (B) involves--
                          (i) use of a minor in a sexual 
                        performance;
                          (ii) solicitation of a minor to 
                        practice prostitution; or
                          (iii) production or distribution of 
                        child pornography; or
                  (C) occurs after the offender becomes a tier 
                I sex offender.
          (4) Tier iii sex offender.--The term ``tier III sex 
        offender'' means a sex offender whose offense is 
        punishable by imprisonment for more than 1 year and--
                  (A) is comparable to or more severe than the 
                following offenses, or an attempt or conspiracy 
                to commit such an offense:
                          (i) aggravated sexual abuse or sexual 
                        abuse (as described in sections 2241 
                        and 2242 of title 18, United States 
                        Code); or
                          (ii) abusive sexual contact (as 
                        described in section 2244 of title 18, 
                        United States Code) against a minor who 
                        has not attained the age of 13 years;
                  (B) involves kidnapping of a minor (unless 
                committed by a parent or guardian); or
                  (C) occurs after the offender becomes a tier 
                II sex offender.
          (5) Amie zyla expansion of sex offense definition.--
                  (A) Generally.--Except as limited by 
                subparagraph (B) or (C), the term ``sex 
                offense'' means--
                          (i) a criminal offense that has an 
                        element involving a sexual act or 
                        sexual contact with another;
                          (ii) a criminal offense that is a 
                        specified offense against a minor;
                          (iii) a Federal offense (including an 
                        offense prosecuted under section 1152 
                        or 1153 of title 18, United States 
                        Code) under section 1591, or chapter 
                        109A, 110 (other than section 2257, 
                        2257A, or 2258), or 117, of title 18, 
                        United States Code;
                          (iv) a military offense specified by 
                        the Secretary of Defense under section 
                        115(a)(8)(C)(i) of Public Law 105-119 
                        (10 U.S.C. 951 note); or
                          (v) an attempt or conspiracy to 
                        commit an offense described in clauses 
                        (i) through (iv).
                  (B) Foreign convictions.--A foreign 
                conviction is not a sex offense for the 
                purposes of this title if it was not obtained 
                with sufficient safeguards for fundamental 
                fairness and due process for the accused under 
                guidelines or regulations established under 
                section 112.
                  (C) Offenses involving consensual sexual 
                conduct.--An offense involving consensual 
                sexual conduct is not a sex offense for the 
                purposes of this title if the victim was an 
                adult, unless the adult was under the custodial 
                authority of the offender at the time of the 
                offense, or if the victim was at least 13 years 
                old and the offender was not more than 4 years 
                older than the victim.
          (6) Criminal offense.--The term ``criminal offense'' 
        means a State, local, tribal, foreign, or military 
        offense (to the extent specified by the Secretary of 
        Defense under section 115(a)(8)(C)(i) of Public Law 
        105-119 (10 U.S.C. 951 note)) or other criminal 
        offense.
          (7) Expansion of definition of ``specified offense 
        against a minor'' to include all offenses by child 
        predators.--The term ``specified offense against a 
        minor'' means an offense against a minor that involves 
        any of the following:
                  (A) An offense (unless committed by a parent 
                or guardian) involving kidnapping.
                  (B) An offense (unless committed by a parent 
                or guardian) involving false imprisonment.
                  (C) Solicitation to engage in sexual conduct.
                  (D) Use in a sexual performance.
                  (E) Solicitation to practice prostitution.
                  (F) Video voyeurism as described in section 
                1801 of title 18, United States Code.
                  (G) Possession, production, or distribution 
                of child pornography.
                  (H) Criminal sexual conduct involving a 
                minor, or the use of the Internet to facilitate 
                or attempt such conduct.
                  (I) Any conduct that by its nature is a sex 
                offense against a minor.
          (8) Convicted as including certain juvenile 
        adjudications.--The term ``convicted'' or a variant 
        thereof, used with respect to a sex offense, includes 
        adjudicated delinquent as a juvenile for that offense, 
        but only if the offender is 14 years of age or older at 
        the time of the offense and the offense adjudicated was 
        comparable to or more severe than aggravated sexual 
        abuse (as described in subsection (a) or (b) of section 
        2241 of title 18, United States Code), or was an 
        attempt or conspiracy to commit such an offense.
          (9) Sex offender registry.--The term ``sex offender 
        registry'' means a registry of sex offenders, and a 
        notification program, maintained by a jurisdiction.
          (10) Jurisdiction.--The term ``jurisdiction'' means 
        any of the following:
                  (A) A State.
                  (B) The District of Columbia.
                  (C) The Commonwealth of Puerto Rico.
                  (D) Guam.
                  (E) American Samoa.
                  (F) The Northern Mariana Islands.
                  (G) The United States Virgin Islands.
                  (H) To the extent provided and subject to the 
                requirements of section 127, a federally 
                recognized Indian tribe.
          (11) Student.--The term ``student'' means an 
        individual who enrolls in or attends an educational 
        institution, including (whether public or private) a 
        secondary school, trade or professional school, and 
        institution of higher education.
          (12) Employee.--The term ``employee'' includes an 
        individual who is self-employed or works for any other 
        entity, whether compensated or not.
          (13) Resides.--The term ``resides'' means, with 
        respect to an individual, the location of the 
        individual's home or other place where the individual 
        habitually lives.
          (14) Minor.--The term ``minor'' means an individual 
        who has not attained the age of 18 years.

           *       *       *       *       *       *       *


SEC. 115. DURATION OF REGISTRATION REQUIREMENT.

  (a) Full Registration Period.--A sex offender shall keep the 
registration current for the full registration period 
(excluding any time the sex offender is in custody or civilly 
committed) unless the offender is allowed a reduction under 
subsection (b). The full registration period is--
          (1) 15 years, if the offender is a tier I sex 
        offender;
          (2) 25 years, if the offender is a tier II sex 
        offender; and
          (3) the life of the offender, if the offender is a 
        tier III sex offender.
  (b) Reduced Period for Clean Record.--
          (1) Clean record.--The full registration period shall 
        be reduced as described in paragraph (3) for a sex 
        offender who maintains a clean record for the period 
        described in paragraph (2) by--
                  (A) not being convicted of any offense for 
                which imprisonment for more than 1 year may be 
                imposed;
                  (B) not being convicted of any sex offense;
                  (C) successfully completing any periods of 
                supervised release, probation, and parole; and
                  (D) successfully completing of an appropriate 
                sex offender treatment program certified by a 
                jurisdiction or by the Attorney General.
          (2) Period.--In the case of--
                  (A) a tier I sex offender, the period during 
                which the clean record shall be maintained is 
                10 years; and
                  (B) a tier III sex offender adjudicated 
                delinquent for the offense which required 
                registration in a sex registry under this 
                title, the period during which the clean record 
                shall be maintained is [25 years] 15 years.
          (3) Reduction.--In the case of--
                  (A) a tier I sex offender, the reduction is 5 
                years;
                  (B) a tier III sex offender adjudicated 
                delinquent, the reduction is from life to that 
                period for which the clean record under 
                paragraph (2) is maintained.

SEC. 116. PERIODIC IN PERSON VERIFICATION.

   [A sex offender shall] (a)  In General._Except as provided 
in subsection (b), a sex offender shall appear in person, allow 
the jurisdiction to take a current photograph, and verify the 
information in each registry in which that offender is required 
to be registered not less frequently than--
          (1) each year, if the offender is a tier I sex 
        offender;
          (2) every 6 months, if the offender is a tier II sex 
        offender; and
          (3) every 3 months, if the offender is a tier III sex 
        offender.
  (b) Alternative Verification Method.--A jurisdiction may 
allow a sex offender to comply with the requirements under 
subsection (a) by an alternative verification method approved 
by the Attorney General, except that each offender shall appear 
in person not less than one time per year. The Attorney General 
shall approve an alternative verification method described in 
this subsection prior to its implementation by a jurisdiction 
in order to ensure that such method provides for verification 
that is sufficient to ensure the public safety.

           *       *       *       *       *       *       *


SEC. 118. PUBLIC ACCESS TO SEX OFFENDER INFORMATION THROUGH THE 
                    INTERNET.

  (a) In General.--Except as provided in this section, each 
jurisdiction shall make available on the Internet, in a manner 
that is readily accessible to all jurisdictions and to the 
public, all information about each sex offender in the 
registry. The jurisdiction shall maintain the Internet site in 
a manner that will permit the public to obtain relevant 
information for each sex offender by a single query for any 
given zip code or geographic radius set by the user. The 
jurisdiction shall also include in the design of its Internet 
site all field search capabilities needed for full 
participation in the Dru Sjodin National Sex Offender Public 
Website and shall participate in that website as provided by 
the Attorney General.
  (b) Mandatory Exemptions.--A jurisdiction shall exempt from 
disclosure--
          (1) the identity of any victim of a sex offense;
          (2) the Social Security number of the sex offender;
          (3) any reference to arrests of the sex offender that 
        did not result in conviction; and
          (4) any other information exempted from disclosure by 
        the Attorney General.
  (c) Optional Exemptions.--A jurisdiction may exempt from 
disclosure--
          (1) any information about a tier I sex offender 
        convicted of an offense other than a specified offense 
        against a minor;
          (2) the name of an employer of the sex offender;
          (3) the name of an educational institution where the 
        sex offender is a student; [and]
          (4) any information about a sex offender for whom the 
        offense giving rise to the duty to register was an 
        offense for which the offender was adjudicated 
        delinquent; and
          [(4)] (5) any other information exempted from 
        disclosure by the Attorney General.
  (d) Links.--The site shall include, to the extent 
practicable, links to sex offender safety and education 
resources.
  (e) Correction of Errors.--The site shall include 
instructions on how to seek correction of information that an 
individual contends is erroneous.
  (f) Warning.--The site shall include a warning that 
information on the site should not be used to unlawfully 
injure, harass, or commit a crime against any individual named 
in the registry or residing or working at any reported address. 
The warning shall note that any such action could result in 
civil or criminal penalties.

           *       *       *       *       *       *       *


SEC. 125. FAILURE OF JURISDICTION TO COMPLY.

  (a) In General.--For any fiscal year after the end of the 
period for implementation, a [jurisdiction] State that fails, 
as determined by the Attorney General, to substantially 
implement this title shall not receive 10 percent of the funds 
that would otherwise be allocated for that fiscal year to the 
[jurisdiction] State under [subpart 1 of part E] section 505(c) 
of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 [(42 U.S.C. 3750 et seq.)] (42 U.S.C. 3755(c)).
  (b) State Constitutionality.--
          (1) In general.--When evaluating whether a 
        [jurisdiction] State has substantially implemented this 
        title, the Attorney General shall consider whether the 
        [jurisdiction] State is unable to substantially 
        implement this title because of a demonstrated 
        inability to implement certain provisions that would 
        place the [jurisdiction] State in violation of its 
        constitution, as determined by a ruling of the 
        jurisdiction's highest court.
          (2) Efforts.--If the circumstances arise under 
        paragraph (1), then the Attorney General and the 
        [jurisdiction] State shall make good faith efforts to 
        accomplish substantial implementation of this title and 
        to reconcile any conflicts between this title and the 
        jurisdiction's constitution. In considering whether 
        compliance with the requirements of this title would 
        likely violate the jurisdiction's constitution or an 
        interpretation thereof by the jurisdiction's highest 
        court, the Attorney General shall consult with the 
        chief executive and chief legal officer of the 
        [jurisdiction] State concerning the jurisdiction's 
        interpretation of the jurisdiction's constitution and 
        rulings thereon by the jurisdiction's highest court.
          (3) Alternative procedures.--If the [jurisdiction] 
        State is unable to substantially implement this title 
        because of a limitation imposed by the jurisdiction's 
        constitution, the Attorney General may determine that 
        the [jurisdiction] State is in compliance with this Act 
        if the [jurisdiction] State has made, or is in the 
        process of implementing reasonable alternative 
        procedures or accommodations, which are consistent with 
        the purposes of this Act.
          (4) Funding reduction.--If a [jurisdiction] State 
        does not comply with paragraph (3), then the 
        [jurisdiction] State shall be subject to a funding 
        reduction as specified in subsection (a).
  (c) Reallocation.--Amounts not allocated under a program 
referred to in this section to a [jurisdiction] State for 
failure to substantially implement this title shall be 
reallocated under that program to jurisdictions that have not 
failed to substantially implement this title or may be 
reallocated to a [jurisdiction] State from which they were 
withheld to be used solely for the purpose of implementing this 
title.
  (d) Rule of Construction.--The provisions of this title that 
are cast as directions to jurisdictions or their officials 
constitute, in relation to States, only conditions required to 
avoid the reduction of Federal funding under this section.
  (e) Calculation of Allocation to Units of Local Government.--
Notwithstanding the formula under section 505(c) of the Omnibus 
Crime Control and Safe Streets Act 1968 (42 U.S.C. 3755(c)), a 
State which is subject to a reduction in funding under 
subsection (a) shall--
          (1) calculate the amount to be made available to 
        units of local government by the State pursuant to the 
        formula under section 505(c) using the amount that 
        would otherwise be allocated to that State for that 
        fiscal year under section 505(c) of that Act, and make 
        such amount available to such units of local 
        government; and
          (2) retain for the purposes described in section 501 
        any amount remaining after the allocation required by 
        paragraph (1).

SEC. 126. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM.

  (a) In general.--The Attorney General shall establish and 
implement a Sex Offender Management Assistance program (in this 
title referred to as the ``SOMA program''), under which the 
Attorney General may award a grant to a jurisdiction to offset 
the costs of implementing this title.
  (b) Application.--The chief executive of a 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 title not later than 2 years after the date of 
the enactment of this Act is eligible for a bonus payment. The 
Attorney General may make such a payment under the SOMA program 
for the first fiscal year beginning after that determination. 
The amount of the payment shall be--
          (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 the date of enactment of this Act; and
          (2) 5 percent of such total, if not later than 2 
        years after that date.
  [(d) Authorization of Appropriations.--In 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.]
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated to the Attorney General $20,000,000 for each of 
the fiscal years 2018 through 2022, to be available only for 
the SOMA program.

           *       *       *       *       *       *       *


 Subtitle B--Improving Federal Criminal Law Enforcement To Ensure Sex 
Offender Compliance With Registration and Notification Requirements and 
Protection of Children From Violent Predators

           *       *       *       *       *       *       *


SEC. 142. 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, United States Code, 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.]
  (b) For each of fiscal years 2018 through 2022, of amounts 
made available to the United States Marshals Service, not less 
than $60,000,000 shall be available to carry out this section.

           *       *       *       *       *       *       *


  TITLE VI--GRANTS, STUDIES, AND PROGRAMS FOR CHILDREN AND COMMUNITY 
SAFETY

           *       *       *       *       *       *       *


Subtitle C--Grants, Studies, and Other Provisions

           *       *       *       *       *       *       *


SEC. 634. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES.

  (a) In General.--The National Institute of Justice shall 
conduct a comprehensive study to examine the control, 
prosecution, treatment, and monitoring of sex offenders, with a 
particular focus on--
          (1) the effectiveness of the Sex Offender 
        Registration and Notification Act in increasing 
        compliance with sex offender registration and 
        notification requirements, and the costs and burdens 
        associated with such compliance;
          (2) the effectiveness of sex offender registration 
        and notification requirements in increasing public 
        safety, and the costs and burdens associated with such 
        requirements;
          (3) the effectiveness of public dissemination of sex 
        offender information on the Internet in increasing 
        public safety, and the costs and burdens associated 
        with such dissemination; and
          (4) the effectiveness of treatment programs in 
        reducing recidivism among sex offenders, and the costs 
        and burdens associated with such programs.
  (b) Recommendations.--The study described in subsection (a) 
shall include recommendations for reducing the number of sex 
crimes against children and adults and increasing the 
effectiveness of registration requirements.
  (c) Reports.--
          (1) In general.--Not later than 5 years after the 
        date of enactment of this Act, the National Institute 
        of Justice shall report the results of the study 
        conducted under subsection (a) together with findings 
        to Congress, through the Internet to the public, to 
        each of the 50 governors, to the Mayor of the District 
        of Columbia, to territory heads, and to the top 
        official of the various Indian tribes.
          (2) Interim reports.--The National Institute of 
        Justice shall submit yearly interim reports.
          (3) Additional report.--Not later than one year after 
        the date of enactment of the Adam Walsh Reauthorization 
        Act of 2017, the National Institute of Justice shall 
        submit to Congress a report on the public safety 
        impact, recidivism, and collateral consequences of 
        long-term registration of juvenile sex offenders, based 
        on the information collected for the study under 
        subsection (a) and any other information the National 
        Institute of Justice determines necessary for such 
        report.
  (d) Appropriations.--There are authorized to be appropriated 
$3,000,000 to carry out this section.

SEC. 635. ANNUAL REPORT ON ENFORCEMENT OF REGISTRATION REQUIREMENTS.

   [Not later than July 1 of each year] On January 1 of each 
year,, the Attorney General shall submit a report to Congress 
describing--
          (1) the use by the Department of Justice of the 
        United States Marshals Service to assist jurisdictions 
        in locating and apprehending sex offenders who fail to 
        comply with sex offender registration requirements, as 
        authorized by this Act;
          (2) the use of section 2250 of title 18, United 
        States Code (as added by section 151 of this Act), to 
        punish offenders for failure to register;
          (3) a detailed explanation of each jurisdiction's 
        compliance with the Sex Offender Registration and 
        Notification Act, and an analysis of any common reasons 
        for noncompliance with such Act;
          (4) a detailed description of Justice Department 
        efforts to ensure compliance and any funding 
        reductions, the basis for any decision to reduce 
        funding or not to reduce funding under section 125; 
        [and]
          (5) the denial or grant of any extensions to comply 
        with the Sex Offender Registration and Notification 
        Act, and the reasons for such denial or grant[.];
          (6) the number of sex offenders registered in the 
        National Sex Offender Registry;
          (7) the number of sex offenders registered in the 
        National Sex Offender Registry who--
                  (A) are adults;
                  (B) are juveniles; and
                  (C) are adults, but who are required to 
                register as a result of conduct committed as a 
                juvenile; and
          (8) to the extent such information is obtainable, of 
        the number of sex offenders registered in the National 
        Sex Offender Registry who are juveniles--
                  (A) the percentage of such offenders who were 
                adjudicated delinquent; and
                  (B) the percentage of such offenders who were 
                prosecuted as adults.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *


PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

           *       *       *       *       *       *       *


Sec. 2255. Civil remedy for personal injuries

  (a) In General.--Any person who, while a minor, was a victim 
of a violation of section 1589, 1590, 1591, 2241(c), 2242, 
2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of 
this title and who suffers personal injury as a result of such 
violation, regardless of whether the injury occurred while such 
person was a minor, may sue in any appropriate United States 
District Court and shall recover the actual damages such person 
sustains and the cost of the suit, including a reasonable 
attorney's fee. Any person as described in the preceding 
sentence shall be deemed to have sustained damages of no less 
than $150,000 in value.
  (b) Statute of Limitations.--Any action commenced under this 
section shall be barred unless the complaint is filed within 10 
years after the right of action first accrues or in the case of 
a person under a legal disability, not later than [three years] 
10 years after the disability ends.

           *       *       *       *       *       *       *


PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

           *       *       *       *       *       *       *


Sec. 3154. Functions and powers relating to pretrial services

   Pretrial services functions shall include the following:
          (1) Collect, verify, and report to the judicial 
        officer, prior to the pretrial release hearing, 
        information pertaining to the pretrial release of each 
        individual charged with an offense, including 
        information relating to any danger that the release of 
        such person may pose to any other person or the 
        community, and, where appropriate, include a 
        recommendation as to whether such individual should be 
        released or detained and, if release is recommended, 
        recommend appropriate conditions of release; except 
        that a district court may direct that information not 
        be collected, verified, or reported under this 
        paragraph on individuals charged with Class A 
        misdemeanors as defined in section 3559(a)(6) of this 
        title.
          (2) Review and modify the reports and recommendations 
        specified in paragraph (1) of this section for persons 
        seeking release pursuant to section 3145 of this 
        chapter.
          (3) Supervise persons released into its custody under 
        this chapter.
          (4) Operate or contract for the operation of 
        appropriate facilities for the custody or care of 
        persons released under this chapter including 
        residential halfway houses, addict and alcoholic 
        treatment centers, and counseling services, and 
        contract with any appropriate public or private agency 
        or person, or expend funds, to monitor and provide 
        treatment as well as nontreatment services to any such 
        persons released in the community, including equipment 
        and emergency housing, corrective and preventative 
        guidance and training, and other services reasonably 
        deemed necessary to protect the public and ensure that 
        such persons appear in court as required.
          (5) Inform the court and the United States attorney 
        of all apparent violations of pretrial release 
        conditions, arrests of persons released to the custody 
        of providers of pretrial services or under the 
        supervision of providers of pretrial services, and any 
        danger that any such person may come to pose to any 
        other person or the community, and recommend 
        appropriate modifications of release conditions.
          (6) Serve as coordinator for other local agencies 
        which serve or are eligible to serve as custodians 
        under this chapter and advise the court as to the 
        eligibility, availability, and capacity of such 
        agencies.
          (7) Assist persons released under this chapter in 
        securing any necessary employment, medical, legal, or 
        social services.
          (8) Prepare, in cooperation with the United States 
        marshal and the United States attorney such pretrial 
        detention reports as are required by the provisions of 
        the Federal Rules of Criminal Procedure relating to the 
        supervision of detention pending trial.
          (9) Develop and implement a system to monitor and 
        evaluate bail activities, provide information to 
        judicial officers on the results of bail decisions, and 
        prepare periodic reports to assist in the improvement 
        of the bail process.
          (10) To the extent provided for in an agreement 
        between a chief pretrial services officer in districts 
        in which pretrial services are established under 
        section 3152(b) of this title, or the chief probation 
        officer in all other districts, and the United States 
        attorney, collect, verify, and prepare reports for the 
        United States attorney's office of information 
        pertaining to the pretrial diversion of any individual 
        who is or may be charged with an offense, and perform 
        such other duties as may be required under any such 
        agreement.
          (11) Make contracts, to such extent and in such 
        amounts as are provided in appropriation Acts, for the 
        carrying out of any pretrial services functions.
          (12)(A) As directed by the court and to the degree 
        required by the regimen of care or treatment ordered by 
        the court as a condition of release, keep informed as 
        to the conduct and provide supervision of a person 
        conditionally released under the provisions of section 
        4243 [or 4246], 4246, or 4248 of this title, and report 
        such person's conduct and condition to the court 
        ordering release and the Attorney General or his 
        designee.
          (B) Any violation of the conditions of release shall 
        immediately be reported to the court and the Attorney 
        General or his designee.
          (13) If approved by the district court, be authorized 
        to carry firearms under such rules and regulations as 
        the Director of the Administrative Office of the United 
        States Courts may prescribe.
          (14) Perform, in a manner appropriate for juveniles, 
        any of the functions identified in this section with 
        respect to juveniles awaiting adjudication, trial, or 
        disposition under chapter 403 of this title who are not 
        detained.
          (15) Perform such other functions as specified under 
        this chapter.

           *       *       *       *       *       *       *


                CHAPTER 229--POSTSENTENCE ADMINISTRATION

SUBCHAPTER A--PROBATION

           *       *       *       *       *       *       *


Sec. 3603. Duties of probation officers

   A probation officer shall--
          (1) instruct a probationer or a person on supervised 
        release, who is under his supervision, as to the 
        conditions specified by the sentencing court, and 
        provide him with a written statement clearly setting 
        forth all such conditions;
          (2) keep informed, to the degree required by the 
        conditions specified by the sentencing court, as to the 
        conduct and condition of a probationer or a person on 
        supervised release, who is under his supervision, and 
        report his conduct and condition to the sentencing 
        court;
          (3) use all suitable methods, not inconsistent with 
        the conditions specified by the court, to aid a 
        probationer or a person on supervised release who is 
        under his supervision, and to bring about improvements 
        in his conduct and condition;
          (4) be responsible for the supervision of any 
        probationer or a person on supervised release who is 
        known to be within the judicial district;
          (5) keep a record of his work, and make such reports 
        to the Director of the Administrative Office of the 
        United States Courts as the Director may require;
          (6) upon request of the Attorney General or his 
        designee, assist in the supervision of and furnish 
        information about, a person within the custody of the 
        Attorney General while on work release, furlough, or 
        other authorized release from his regular place of 
        confinement, or while in prerelease custody pursuant to 
        the provisions of section 3624(c);
          (7) keep informed concerning the conduct, condition, 
        and compliance with any condition of probation, 
        including the payment of a fine or restitution of each 
        probationer under his supervision and report thereon to 
        the court placing such person on probation and report 
        to the court any failure of a probationer under his 
        supervision to pay a fine in default within thirty days 
        after notification that it is in default so that the 
        court may determine whether probation should be 
        revoked;
          (8)(A) when directed by the court, and to the degree 
        required by the regimen of care or treatment ordered by 
        the court as a condition of release, keep informed as 
        to the conduct and provide supervision of a person 
        conditionally released under the provisions of section 
        4243 [or 4246], 4246, or 4248 of this title, and report 
        such person's conduct and condition to the court 
        ordering release and to the Attorney General or his 
        designee; and
          (B) immediately report any violation of the 
        conditions of release to the court and the Attorney 
        General or his designee;
          (9) if approved by the district court, be authorized 
        to carry firearms under such rules and regulations as 
        the Director of the Administrative Office of the United 
        States Courts may prescribe; and
          (10) perform any other duty that the court may 
        designate.

           *       *       *       *       *       *       *


                            Additional Views

    We support H.R. 1188, the ``Adam Walsh Reauthorization Act 
of 2017,'' which reauthorizes funds for certain grant programs 
originally established by the Adam Walsh Child Protection and 
Safety Act of 2006\1\ (Adam Walsh Act) and reduces the duration 
of sex offender registration requirements for certain juveniles 
from 25 years to 15 years. Although the bill reauthorizes two 
important grant programs and is an improvement over current 
law, we are disappointed that it fails to take the opportunity 
to address many of the problems that jurisdictions encounter 
when trying to implement the Sex Offender Registration and 
Notification Act (SORNA), which is codified in title I of the 
Adam Walsh Act. We write separately to highlight some of the 
concerns we continue to have with SORNA.
---------------------------------------------------------------------------
    \1\Pub. L. No. 109-248 (2006).
---------------------------------------------------------------------------
    The Subcommittee on Crime, Terrorism, Homeland Security, 
and Investigations (Subcommittee) has held two oversight 
hearings in recent years related to issues presented by the 
legislation.\2\ Much of the discussion at these hearings 
focused on SORNA, which created a national registry for all sex 
offenders. States and advocates have informed the Committee of 
the numerous obstacles that jurisdictions encounter when 
attempting to implement SORNA. Although H.R. 1188 is an 
improvement over current law, it does not fully address the 
myriad of persistent problems with SORNA.
---------------------------------------------------------------------------
    \2\Combating Crimes Against Children--Assessing the Legal 
Landscape: Hearing Before the Subcomm. on Crime, Terrorism, Homeland 
Security, and Investigations of the H. Comm. on the Judiciary, 115th 
Cong. (2017); The Reauthorization of the Adam Walsh Act: Hearing Before 
the Subcomm. on Crime, Terrorism and Homeland Security of the H. Comm. 
on the Judiciary, 112th Cong. (2011).
---------------------------------------------------------------------------
    For many years, those who originally advocated for sex 
offender registration and notification, along with state 
governments, policy makers, and other stakeholders have raised 
several issues with the federal standards of sex offender 
registration and notification. Issues involving the overarching 
noncompliance of states with SORNA requirements include: the 
cost of implementation; rigid, one-size-fits-all standards; 
disagreement with the inclusion of juveniles; SORNA's 
preemption of state classification systems, many of which are 
more stringent than SORNA, for one based solely on offense or 
conviction; conviction-based tiers of offenders; retroactivity; 
notification of offenders' international travel; SORNA's 
onerous verification and notification requirements; and 
registration of sex offenders in the military. The overall 
effectiveness of SORNA has also been called into question, with 
many critics arguing that state systems are better than SORNA 
and that the federal standards are overzealous.\3\
---------------------------------------------------------------------------
    \3\Donna Lyons, Director, Criminal Justice Program, National 
Conference of State Legislatures. Sex Offender Law: Down to the Wire. 
(June 2011).
---------------------------------------------------------------------------
    To achieve substantial implementation status, a state must 
have policies that either fully meet or do not substantially 
disserve the purpose of each standard. States that fall short 
of these criteria for one or more standards do not receive 
substantial implementation status. States that fail to 
substantially implement SORNA face a ten percent reduction to 
the state portion of federal Edward Byrne Memorial Justice 
Assistance Grant funding.\4\ Although several states have 
chosen to accept this penalty, the majority of noncompliant 
states have applied to have these funds reallocated and used to 
implement SORNA.\5\
---------------------------------------------------------------------------
    \4\42 U.S.C. Sec. 16925 (2017).
    \5\42 U.S.C. Sec. 16925(c) (2017) allows jurisdictions that lose 
funds for failure to substantially implement SORNA to receive the funds 
solely for implementation of SORNA.
---------------------------------------------------------------------------
    SORNA is an unfunded federal mandate on states, 
territories, and tribes that requires most jurisdictions to 
make significant, costly changes to their existing registries 
and governing legislation to meet SORNA requirements. SORNA 
authorized grants for states to assist with the implementation 
of Sex Offender Registry requirements and Community Oriented 
Policing Services (COPS) grantees may use grant funds to ensure 
sex offender registration and notification compliance.\6\ Yet, 
the costs to states for implementing and maintaining a SORNA 
compliant registry far exceed the amounts received in federal 
funding. Some states actually save money by not implementing 
SORNA, regardless of losing Byrne JAG funding. For example, 
Texas estimated that ``implementation of all SORNA's 
requirements would cost Texas more than 30 times the amount of 
federal funds that the federal government has threatened to 
withhold from Texas if it fails to comply.''\7\
---------------------------------------------------------------------------
    \6\SORNA established the Sex Offender Management Assistance (SOMA) 
program to award grants to jurisdictions to offset the costs of 
implementing SORNA; See 42 U.S.C. Sec. 3796dd(b)(14) (2017); Nathan 
James, Community Oriented Policing Services (COPS): Background, 
Legislation, and Funding, Congressional Research Serv, Report, RL33308 
(Jan. 4, 2011).
    \7\Letter from the State of Texas, Office of the Governor, to Linda 
M. Baldwin, Director, SMART Office (Aug. 17, 2011).
---------------------------------------------------------------------------
    Certain juveniles, adjudicated delinquent of a sex offense, 
must be included on registries under SORNA.\8\ The juvenile 
registration and reporting requirement is one of the most 
common obstacles to states' substantial implementation of 
SORNA. States that do not meet the SORNA standard requiring 
jurisdictions to include various types of sex offenders are 
typically cited for failure to include certain juveniles on 
their registries.\9\
---------------------------------------------------------------------------
    \8\42 U.S.C. Sec. 16911(8) (2017). SORNA requires registration of 
juveniles who are adjudicated delinquent for offenses equivalent to or 
more severe than aggravated sexual abuse (as described in 18 U.S.C. 
Sec. 2241) who were 14 years old or older at the time of the offense.
    \9\Andrew J. Harris & Christopher Lobanov-Rostovsky. National Sex 
Offender Registration and Notification Act (SORNA) Implementation 
Inventory: Preliminary Results. (July 2016).
---------------------------------------------------------------------------
    According to the Office of Sentencing, Monitoring, 
Apprehending, Registering, and Tracking (SMART) report 
published in September of 2015, 11 states have chosen not to 
comply with this mandate, which means that these states do not 
register any juveniles adjudicated delinquent of a sex offense. 
In addition, 26 states mandate juvenile registration pursuant 
to SORNA standards; 11 make registration discretionary; and 
three operate a hybrid registration determination that combines 
the nature of the offense and other criteria.\10\ Of the states 
that register juveniles, 16 mandate public registry website 
posting, nine make posting discretionary, and 15 prohibit 
posting. The SMART Office issued the Juvenile Supplemental 
Guidelines to SORNA on August 1, 2016, which permit the office 
to expand the substantial implementation inquiry and review 
additional factors set forth in the Guidelines if a 
jurisdiction does not conform to SORNA juvenile registration 
requirements.\11\
---------------------------------------------------------------------------
    \10\Dep't of Justice, Office of Justice Programs, Office of Sex 
Offender Sentencing, Monitoring, Apprehending, Registering, and 
Tracking, SMART Summary: Prosecution, Transfer, and Registration of 
Serious Juvenile Sex Offenders (2015).
    \11\Dep't of Justice, Office of the Attorney General, Supplemental 
Guidelines for Juvenile Registration Under the Sex Offender 
Registration and Notification Act, 81 Fed.Reg. 50,552 (Aug. 1, 2016).
---------------------------------------------------------------------------
    Several states and advocacy groups object to the juvenile 
requirement without inclusion of judicial discretion. Other 
states and advocacy groups would rather exclude juveniles from 
registration completely. SORNA, as applied to youth, undermines 
the fundamental purpose and objective of the juvenile justice 
system by removing the confidentiality and rehabilitative 
emphasis of juvenile intervention. Hundreds of thousands of 
children from juvenile courts, some as young as eight years 
old, have been placed on sex-offense registries despite the 
lack of evidence that registration has any deterrent effect on 
youth or promotes public safety. These young people face 
psychological harm, social alienation, and long-lasting life 
obstacles as a result of registration. Some are forced from 
their homes due to housing restrictions or even separated from 
their family units.\12\
---------------------------------------------------------------------------
    \12\Human Rights Watch. Raised on the Registry: The Irreparable 
Harm of Placing Children on Sex Offender Registries in the U.S. (2013); 
Nicole Pittman, The Center on Youth Registration Reform at Impact 
Justice. Removing Children from the Adam Walsh Act.
---------------------------------------------------------------------------
    Research shows that juvenile sexual offending is very 
different from adult sexual offending and that registering 
youth is not an effective response to their conduct or an 
appropriate method to prevent youth sexual offending. The 
motives behind their offenses are different from those of most 
adults who commit sexual offenses. An overwhelming percentage 
of youth who are accused of sex offenses do not reoffend 
sexually, especially when provided with appropriate treatment. 
As referenced in a letter sent to members of the Judiciary 
Committee, ``studies found that, regardless of the severity of 
the sex offense, 97 percent of all youth never reoffend 
sexually.''\13\
---------------------------------------------------------------------------
    \13\Letter to Chairman Bob Goodlatte, Ranking Member Conyers, & 
Members, House Judiciary Committee from Impact Justice, National 
Alliance to End Sexual Violence, R Street Institute, Stop Child 
Predators et al. (Mar. 22, 2017) (citing Sharon E. Denniston & Michael 
F. Caldwell, Answering the Call to Study the Effects of Juvenile SORN: 
Lessons from Two Studies, Presented October 15, 2015 at the ATSA 34th 
Annual Research and Treatment Conference, Montreal, Quebec, Canada).
---------------------------------------------------------------------------
    Rather than seeking to fully exclude juveniles from 
registration during the Committee's consideration of this bill, 
Ranking Member, John Conyers, Jr., offered a compromise 
amendment that would have given states' discretion as to 
whether they would require registration of juveniles 
adjudicated delinquent for sex offenses. Many more states would 
be in compliance if they were allowed to make the decision as 
to whether to include juveniles in their registries. 
Unfortunately, the amendment failed by a vote of 11 to 15. 
Similarly, an amendment offered by Subcommittee Ranking Member 
Sheila Jackson Lee that would have given judges the discretion 
to decide whether adjudicated juveniles should be required to 
register also failed by a vote of 11 to 17. Fortunately, 
another amendment offered by Ranking Member Jackson Lee, which 
requires the National Institute of Justice to prepare and 
submit a report on the public safety, recidivism, and 
collateral consequences of long-term registration of juveniles, 
passed by voice vote. Hopefully, that report will support 
review and future revision of the SORNA guidelines as applied 
to juveniles.
    While section 4 of H.R. 1188 addresses juvenile 
registration by shortening the time period after which a 
juvenile can petition to be taken off the sex offender 
registry, it does little to assist states in achieving SORNA 
compliance. Under this provision, the time period is shortened 
from 25 years to 15 years, which means that a 14-year old who 
is placed on the registry would have to wait until age 29 to 
ask to be removed, despite the fact that research suggests that 
registration in the first place is counter-productive for 
juveniles since their recidivism rate is less than 3 
percent.\14\ Section 4 is an improvement to an otherwise overly 
harsh and counterproductive policy, but it does not go far 
enough.
---------------------------------------------------------------------------
    \14\More than 100 published studies evaluating the recidivism rates 
of youth who have sexually offended: the weighted 5-year sexual 
recidivism rate for recent years was 2.75%. Michael Caldwell, 
Quantifying the Decline in Juvenile Sexual Recidivism Rates. 22 
Psychology, Pub. Pol'y & L. 414 (2016); Michael Caldwell, Study 
Characteristics and Recidivism. Int'l J. Of Offender Therapy & Comp. 
Criminology, 54, 197-212 (2010).
---------------------------------------------------------------------------
    In addition to the issues with respect to juvenile 
registration, SORNA's overall prescriptive scheme has proven 
overly burdensome and expensive to law enforcement, who are 
charged with carrying out these requirements. For example, 
SORNA requires that some sex offenders appear in person and 
verify the information every three months. States, in 
conjunction with their local law enforcement, should be given 
the discretion to decide how often a sex offender's address 
should be verified, and how to notify its community about the 
presence of a sex offender. Similarly, a state should be able 
to determine whether it places people on its registry 
retroactively. Law enforcement is required to monitor too many 
people, leaving communities vulnerable. A recent study by the R 
Street Institute found that registering youth costs as much as 
$3 billion per year nationally. Cluttering registries with low-
risk individuals, like adolescents or adults required to 
register for offenses committed in their youth, lessens the 
effectiveness of the registries by consuming resources that 
could be spent elsewhere. Time and money that could be used for 
supervision of high-risk offenders and training officers in 
preventive measures is spent monitoring individuals who are 
unlikely to reoffend.\15\
---------------------------------------------------------------------------
    \15\Naomi J. Freeman & Jeffrey C. Sandler, The Adam Walsh Act: A 
False Sense of Security or an Effective Public Policy Initiative, 21 
Criminal Justice Pol'y Rev. 1 (Mar. 2010).
---------------------------------------------------------------------------
    While the previously discussed issues are the primary 
reasons that so few jurisdictions have been able to comply with 
SORNA, many more states would be able to comply with just a few 
changes that H.R. 1188 fails to address. Virtually all of the 
changes that should be made are based on giving states 
discretion in decisions concerning sex offenders within their 
own states. For example, many more states would be in 
compliance if they were allowed to modify their existing 
classification systems to comply with SORNA. Researchers have 
questioned whether the SORNA classification scheme is best. One 
study indicated that SORNA's tier classification ``is a poor 
indicator of relative risk and is likely to result in a system 
that is less effective in protecting the public'' than the 
classification systems currently implemented in the states 
studied, and encouraged broader inclusion of ``evidence-based 
models of sex offender risk assessment and management.''\16\ 
Furthermore, the Attorney General should have discretion to 
determine whether to impose the Byrne JAG penalty on a 
jurisdiction, and how much of a penalty to assess. This would 
allow the Attorney General to take into account the efforts 
that a jurisdiction has made toward complying with SORNA, even 
if the SMART Office has not yet found it to be in compliance. 
Section 6 of the bill only insulates local governments from 
suffering losses of Byrne JAG funding as a result of their 
state's failure to comply with SORNA.
---------------------------------------------------------------------------
    \16\Kristen M. Zgoba et al., A Multi-State Recidivism Study Using 
Static-99R and Static-2002 Risk Scores and Tier Guidelines from the 
Adam Walsh Act, Research Report Submitted to the National Institute of 
Justice, at 1 (Nov. 2012).
---------------------------------------------------------------------------
    Finally, H.R. 1188 does not re-authorize all of the grant 
programs in the Adam Walsh Act and excludes some critical 
programs, such as grants for the treatment of sex offenders 
while incarcerated within the Bureau of Prisons and grants for 
juvenile sex offenders.
    For these reasons, we support the grant reauthorizations 
provided for in this bill and the reduction of the juvenile 
registration duration, but believe the Committee missed the 
opportunity to address significant SORNA issues that have 
persisted since enactment of the Adam Walsh Act.
                                   Mr. Conyers, Jr.
                                   Ms. Lofgren.
                                   Ms. Jackson Lee.
                                   Mr. Johnson, Jr.
                                   Mr. Gutierrez.
                                   Mr. Richmond.
                                   Mr. Jeffries.

                                  [all]