34 U.S.C. § 20928 — Sex Offender Management Assistance

Page 515 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20928 1 See References in Text note below. 2 So in original. Probably should be followed by a comma. July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For complete classi- fication of title I to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. The software described in section 20925 of this title, referred to in subsec. (a)(2), became available on July 25, 2008. See Office of Justice Progs., U.S. Dep’t of Jus- tice, Annual Report to Congress 26 (Fiscal Year 2008). CODIFICATION Section was formerly classified to section 16924 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20927. Failure of jurisdiction to comply (a) In general For any fiscal year after the end of the period for implementation, a jurisdiction that fails, as determined by the Attorney General, to substan- tially implement this subchapter shall not re- ceive 10 percent of the funds that would other- wise be allocated for that fiscal year to the ju- risdiction under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).1 (b) State constitutionality (1) In general When evaluating whether a jurisdiction has substantially implemented this subchapter, the Attorney General shall consider whether the jurisdiction is unable to substantially im- plement this subchapter because of a dem- onstrated inability to implement certain pro- visions that would place the jurisdiction 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 juris- diction shall make good faith efforts to ac- complish substantial implementation of this subchapter and to reconcile any conflicts be- tween this subchapter and the jurisdiction’s constitution. In considering whether compli- ance with the requirements of this subchapter would likely violate the jurisdiction’s con- stitution or an interpretation thereof by the jurisdiction’s highest court, the Attorney Gen- eral shall consult with the chief executive and chief legal officer of the jurisdiction con- cerning the jurisdiction’s interpretation of the jurisdiction’s constitution and rulings thereon by the jurisdiction’s highest court. (3) Alternative procedures If the jurisdiction is unable to substantially implement this subchapter because of a limi- tation imposed by the jurisdiction’s constitu- tion, the Attorney General may determine that the jurisdiction is in compliance with this chapter if the jurisdiction has made, or is in the process of implementing 2 reasonable al- ternative procedures or accommodations, which are consistent with the purposes of this chapter. (4) Funding reduction If a jurisdiction does not comply with para- graph (3), then the jurisdiction shall be subject to a funding reduction as specified in sub- section (a). (c) Reallocation Amounts not allocated under a program re- ferred to in this section to a jurisdiction for fail- ure to substantially implement this subchapter shall be reallocated under that program to juris- dictions that have not failed to substantially implement this subchapter or may be reallo- cated to a jurisdiction from which they were withheld to be used solely for the purpose of im- plementing this subchapter. (d) Rule of construction The provisions of this subchapter that are cast as directions to jurisdictions or their officials constitute, in relation to States, only conditions required to avoid the reduction of Federal fund- ing under this section. (Pub. L. 109–248, title I, § 125, July 27, 2006, 120 Stat. 598.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Reg- istration and Notification Act. For complete classifica- tion of title I to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (a), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Subpart 1 of part E of title I of the Act was classified generally to part A (§ 3750 et seq.) of subchapter V of chapter 46 of Title 42, The Public Health and Welfare, prior to editorial reclassification as part A (§ 10151 et seq.) of subchapter V of chapter 101 of this title. For complete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables. This chapter, referred to in subsec. (b)(3), was in the original ‘‘this Act’’, meaning Pub. L. 109–248, July 27, 2006, 120 Stat. 587, known as the Adam Walsh Child Pro- tection and Safety Act of 2006. For complete classifica- tion of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16925 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20928. Sex Offender Management Assistance (SOMA) program (a) In general The Attorney General shall establish and im- plement a Sex Offender Management Assistance program (in this subchapter referred to as the ‘‘SOMA program’’), under which the Attorney General may award a grant to a jurisdiction to offset the costs of implementing this sub- chapter. (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 appli- cation in such form and containing such infor- mation as the Attorney General may require. (c) Bonus payments for prompt compliance A jurisdiction that, as determined by the At- torney General, has substantially implemented Page 516 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 20929 this subchapter not later than 2 years after July 27, 2006, is eligible for a bonus payment. The At- torney General may make such a payment under the SOMA program for the first fiscal year be- ginning after that determination. The amount of the payment shall be— (1) 10 percent of the total received by the ju- risdiction under the SOMA program for the preceding fiscal year, if that implementation is not later than 1 year after July 27, 2006; and (2) 5 percent of such total, if not later than 2 years after July 27, 2006. (d) Authorization of appropriations In addition to any amounts otherwise author- ized to be appropriated, there are authorized to be appropriated such sums as may be necessary to the Attorney General, to be available only for the SOMA program, for fiscal years 2007 through 2009. (Pub. L. 109–248, title I, § 126, July 27, 2006, 120 Stat. 599.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (a) and (c), was in the original ‘‘this title’’, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Registration and Notification Act. For com- plete classification of title I to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16926 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20929. Election by Indian tribes (a) Election (1) In general A federally recognized Indian tribe may, by resolution or other enactment of the tribal council or comparable governmental body— (A) elect to carry out this part as a juris- diction subject to its provisions; or (B) elect to delegate its functions under this part to another jurisdiction or jurisdic- tions within which the territory of the tribe is located and to provide access to its terri- tory and such other cooperation and assist- ance as may be needed to enable such other jurisdiction or jurisdictions to carry out and enforce the requirements of this part. (2) Imputed election in certain cases A tribe shall be treated as if it had made the election described in paragraph (1)(B) if— (A) it is a tribe subject to the law enforce- ment jurisdiction of a State under section 1162 of title 18; (B) the tribe does not make an election under paragraph (1) within 1 year of July 27, 2006 or rescinds an election under paragraph (1)(A); or (C) the Attorney General determines that the tribe has not substantially implemented the requirements of this part and is not like- ly to become capable of doing so within a reasonable amount of time. (b) Cooperation between tribal authorities and other jurisdictions (1) Nonduplication A tribe subject to this part is not required to duplicate functions under this part which are fully carried out by another jurisdiction or ju- risdictions within which the territory of the tribe is located. (2) Cooperative agreements A tribe may, through cooperative agree- ments with such a jurisdiction or jurisdic- tions— (A) arrange for the tribe to carry out any function of such a jurisdiction under this part with respect to sex offenders subject to the tribe’s jurisdiction; and (B) arrange for such a jurisdiction to carry out any function of the tribe under this part with respect to sex offenders subject to the tribe’s jurisdiction. (Pub. L. 109–248, title I, § 127, July 27, 2006, 120 Stat. 599.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle A (§§ 111–131) of title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 591, which is classified principally to this part. For complete classi- fication of subtitle A to the Code, see Tables. CODIFICATION Section was formerly classified to section 16927 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20930. Registration of sex offenders entering the United States The Attorney General, in consultation with the Secretary of State and the Secretary of Homeland Security, shall establish and main- tain a system for informing the relevant juris- dictions about persons entering the United States who are required to register under this subchapter. The Secretary of State and the Sec- retary of Homeland Security shall provide such information and carry out such functions as the Attorney General may direct in the operation of the system. (Pub. L. 109–248, title I, § 128, July 27, 2006, 120 Stat. 600.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, known as the Sex Offender Reg- istration and Notification Act. For complete classifica- tion of title I to the Code, see Short Title of 2006 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16928 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20931. Registration of sex offenders released from military corrections facilities or upon conviction The Secretary of Defense shall provide to the Attorney General the information described in