SEC. 123. DEVELOPMENT AND AVAILABILITY OF REGISTRY MANAGEMENT
AND WEBSITE SOFTWARE.
(a) DUTY TO DEVELOP AND SUPPORT.—The Attorney General
shall, in consultation with the jurisdictions, develop and support
software to enable jurisdictions to establish and operate uniform
sex offender registries and Internet sites.
(b) CRITERIA.—The software should facilitate—
(1) immediate exchange of information among jurisdictions;
(2) public access over the Internet to appropriate information,
including the number of registered sex offenders in each
jurisdiction on a current basis;
(3) full compliance with the requirements of this title;
(4) communication of information to community notification
program participants as required under section 121.
(c) DEADLINE.—The Attorney General shall make the first complete
edition of this software available to jurisdictions within 2
years of the date of the enactment of this Act.
SEC. 124. PERIOD FOR IMPLEMENTATION BY JURISDICTIONS.
(a) DEADLINE.—Each jurisdiction shall implement this title
before the later of—
(1) 3 years after the date of the enactment of this Act;
(2) 1 year after the date on which the software described
in section 123 is available.
(b) EXTENSIONS.—The Attorney General may authorize up to
two 1-year extensions of the deadline.
SEC. 125. 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 substantially implement this title shall
not receive 10 percent of the funds that would otherwise be allocated
for that fiscal year to the jurisdiction 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.).
(b) STATE CONSTITUTIONALITY.—
(1) IN GENERAL.—When evaluating whether a jurisdiction
has substantially implemented this title, the Attorney General
shall consider whether the jurisdiction is unable to substantially
implement this title because of a demonstrated inability to
implement certain provisions 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 jurisdiction 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
H. R. 4472—13
shall consult with the chief executive and chief legal officer
of the jurisdiction 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 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 is in compliance with this
Act if the jurisdiction 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 does not comply
with paragraph (3), then the jurisdiction 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 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 from which they were
withheld to be used solely for the purpose of implementing this
(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.
--Excerpt "Adam Walsh Child Protection and Safety Act of 2006" H.R. 4472