FR_SORNA_051410 by wuyunyi

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									                                                27362                            Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices

                                                DEPARTMENT OF THE INTERIOR                                Violations of these closures and                    jurisdictions retroactively, and the
                                                                                                        restrictions are punishable by fines not              treatment of Indian tribes newly
                                                Bureau of Land Management                               to exceed $1,000 and/or imprisonment                  recognized by the Federal Government
                                                [LLNMA01400.L17110000.PN0000]                           not to exceed 1 year. These actions are               subsequent to the enactment of SORNA.
                                                                                                        taken to protect public health and                    DATES: Written comments must be
                                                Notice of Temporary Order Restricting                   safety.                                               postmarked and electronic comments
                                                Dogs From Public Lands in the Kasha-                      5. An Environmental Assessment for                  must be submitted on or before July 13,
                                                Katuwe Tent Rocks National                              the Temporary Order, called Emergency                 2010. Commenters should be aware that
                                                Monument in Sandoval County, NM                         Dog Closure, Kasha-Katuwe Tent Rocks                  the electronic Federal Docket
                                                                                                        National Monument, DOI–BLM–NM–                        Management System will not accept
                                                AGENCY: Bureau of Land Management,                      A010–2009–22–EA, was completed with                   comments after Midnight Eastern Time
                                                Interior.                                               the signing of a Decision Record dated                on the last day of the comment period.
                                                ACTION: Notice of temporary restriction                 May 22, 2009.                                         ADDRESSES: Comments may be mailed to
                                                order.                                                    Copies of this closure order and maps               Linda M. Baldwin, Director, SMART
                                                                                                        showing the location of the routes are                Office, Office of Justice Programs,
                                                SUMMARY: Notice is hereby given that a
                                                                                                        available from the Rio Puerco Field                   United States Department of Justice, 810
                                                Temporary Order is in effect authorizing                                   ˜
                                                                                                        Office, 435 Montano N.E., Albuquerque,                7th Street, NW., Washington, DC 20531.
                                                the exclusion of dogs from public lands                 New Mexico 87107–4935.                                To ensure proper handling, please
                                                within the 5,610-acre Kasha-Katuwe
                                                                                                          Authority: 43 CFR 8364.1, Closure and               reference OAG Docket No. 134 on your
                                                Tent Rocks National Monument. This
                                                                                                        Restriction Orders.                                   correspondence. You may submit
                                                order will enhance the safety and
                                                                                                                                                              comments electronically or view an
                                                quality of the visitor experience for 97                Edwin J. Singleton,
                                                                                                                                                              electronic version of these proposed
                                                percent of the Monument’s visitors.                     District Manager, Albuquerque.                        guidelines at http://
                                                DATES: This closure became effective on                 [FR Doc. 2010–11615 Filed 5–13–10; 8:45 am]           www.regulations.gov.
                                                May 23, 2009, following completion of                   BILLING CODE 4310–FB–P
                                                an Environmental Assessment for the                                                                           FOR FURTHER INFORMATION CONTACT:
                                                Temporary Order and signing of the                                                                            Linda M. Baldwin, Director, Office of
                                                Record of Decision on May 22, 2009.                                                                           Sex Offender Sentencing, Monitoring,
                                                                                                        DEPARTMENT OF JUSTICE                                 Apprehending, Registering, and
                                                The closure will remain in effect for 2
                                                years, during which time the BLM will,                                                                        Tracking; Office of Justice Programs,
                                                                                                        Office of the Attorney General
                                                through public involvement, develop a                                                                         United States Department of Justice,
                                                long-term management resolution of the                  [Docket No. OAG 134; AG Order No. 3150–               Washington, DC, 202–305–2463.
                                                                                                        2010]                                                 SUPPLEMENTARY INFORMATION:
                                                safety issue in this area.
                                                FOR FURTHER INFORMATION CONTACT:                        RIN 1105–AB36                                         Posting of Public Comments
                                                Thomas E. Gow, Field Manager, Rio                                                                                Please note that all comments
                                                                                 ˜
                                                Puerco Field Office, 435 Montano NE.,                   Supplemental Guidelines for Sex
                                                                                                        Offender Registration and Notification                received are considered part of the
                                                Albuquerque, New Mexico 87107–4935;                                                                           public record and made available for
                                                or call (505) 761–8797; or e-mail                       AGENCY:   Department of Justice.                      public inspection online at http://
                                                Tom_Gow@blm.gov.                                                                                              www.regulations.gov. Such information
                                                                                                        ACTION:   Notice; Proposed guidelines.
                                                SUPPLEMENTARY INFORMATION:                                                                                    includes personal identifying
                                                   1. The entry of persons with dogs is                 SUMMARY: The Sex Offender Registration                information (such as your name,
                                                prohibited on public land in New                        and Notification Act (SORNA)                          address, etc.) voluntarily submitted by
                                                Mexico Prime Meridian, T. 16 N., R. 5                   establishes minimum national standards                the commenter.
                                                E., and T. 17 N., R 5 E.,                               for sex offender registration and                        If you want to submit personal
                                                   2. This closure does not affect the                  notification. The Attorney General                    identifying information (such as your
                                                ability of local, State, or Federal officials           issued the National Guidelines for Sex                name, address, etc.) as part of your
                                                in the performance of their duties in the               Offender Registration and Notification                comment, but do not want it to be
                                                area, including the use of K–9 units in                 (‘‘SORNA Guidelines’’ or ‘‘Guidelines’’)              posted online, you must include the
                                                the performance of their official duties.               on July 2, 2008, to provide guidance and              phrase ‘‘PERSONAL IDENTIFYING
                                                   3. This notice was posted at the                     assistance to jurisdictions in                        INFORMATION’’ in the first paragraph
                                                entrance booth to the National                          implementing the SORNA standards in                   of your comment. You also must locate
                                                Monument and at the trailhead kiosk.                    their sex offender registration and                   all the personal identifying information
                                                The notice was also posted on the BLM–                  notification programs. These                          you do not want posted online in the
                                                New Mexico Web site and on related                      supplemental guidelines augment or                    first paragraph of your comment and
                                                New Mexico tourism/travel Web sites.                    modify certain features of the SORNA                  identify what information you want
                                                   4. The following persons are exempt                  Guidelines in order to make a change                  redacted.
                                                from this closure order:                                required by the KIDS Act and to address                  If you want to submit confidential
                                                   a. Federal, State, or local law                      other issues arising in jurisdictions’                business information as part of your
                                                enforcement officers, while acting                      implementation of the SORNA                           comment but do not want it to be posted
                                                within the scope of their official duties;              requirements. The matters addressed                   online, you must include the phrase
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                                                   b. Any person in the operation of a                  include certain aspects of public Web                 ‘‘CONFIDENTIAL BUSINESS
                                                valid livestock grazing permit for the                  site posting of sex offender information,             INFORMATION’’ in the first paragraph
                                                area in the conduct of activities                       interjurisdictional tracking and                      of your comment. You also must
                                                addressed in the permit; and                            information sharing regarding sex                     prominently identify confidential
                                                   c. Any person using or training a                    offenders, the review process                         business information to be redacted
                                                service dog for the visually impaired or                concerning jurisdictions’ SORNA                       within the comment. If a comment has
                                                other assisted needs, law enforcement,                  implementation, the classes of sex                    so much confidential business
                                                and grazing related working dogs.                       offenders to be registered by                         information that it cannot be effectively


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                                                                                 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices                                            27363

                                                redacted, all or part of that comment                   these supplemental guidelines, which                  I. Public Notification
                                                may not be posted on http://                            do the following:
                                                                                                                                                              A. Juvenile Delinquents
                                                www.regulations.gov.                                       (1) Allow jurisdictions, in their
                                                   Personal identifying information and                 discretion, to exempt information                        SORNA includes as covered ‘‘sex
                                                confidential business information                       concerning sex offenders required to                  offender[s]’’ juveniles at least 14 years
                                                identified and located as set forth above               register on the basis of juvenile                     old who are adjudicated delinquent for
                                                will be placed in the agency’s public                                                                         particularly serious sex offenses. See 42
                                                                                                        delinquency adjudications from public
                                                docket file, but not posted online. If you                                                                    U.S.C. 16911(1), (8). While the SORNA
                                                                                                        Web site posting.
                                                wish to inspect the agency’s public                                                                           Guidelines endeavored to facilitate
                                                docket file in person by appointment,                      (2) Require jurisdictions to exempt                jurisdictions’ compliance with this
                                                please see the FOR FURTHER INFORMATION                  sex offenders’ e-mail addresses and                   aspect of SORNA, see 73 FR at 38030,
                                                CONTACT paragraph.                                      other Internet identifiers from public                38040–41, 38050, resistance by some
                                                   The reason the Department is                         Web site posting, pursuant to the KIDS                jurisdictions to public disclosure of
                                                requesting electronic comments before                   Act, 42 U.S.C. 16915a.                                information about sex offenders in this
                                                Midnight Eastern Time on the day the                       (3) Require jurisdictions to have sex              class has continued to be one of the
                                                comment period closes is that the inter-                offenders report international travel 21              largest impediments to SORNA
                                                agency Regulations.gov/Federal Docket                   days in advance of such travel and to                 implementation.
                                                Management System (FDMS), which                         submit information concerning such                       Hence, the Attorney General is
                                                receives electronic comments,                           travel to the appropriate Federal                     exercising his authority under 42 U.S.C.
                                                terminates the public’s ability to submit               agencies and databases.                               16918(c)(4) to create additional
                                                comments at Midnight on the day the                        (4) Clarify the means to be utilized to            discretionary exemptions from public
                                                comment period closes. Commenters in                    ensure consistent interjurisdictional                 Web site disclosure to allow
                                                time zones other than Eastern may want                  information sharing and tracking of sex               jurisdictions to exempt from public Web
                                                to take this fact into account so that                  offenders.                                            site disclosure information concerning
                                                their electronic comments can be                                                                              sex offenders required to register on the
                                                                                                           (5) Expand required registration                   basis of juvenile delinquency
                                                received. The constraints imposed by
                                                                                                        information to include the forms signed               adjudications. This change creates a
                                                the Regulations.gov/FDMS system do
                                                                                                        by sex offenders acknowledging that                   new discretionary, not mandatory,
                                                not apply to U.S. postal comments,
                                                which will be considered as timely filed                they were advised of their registration               exemption from public Web site
                                                if they are postmarked before Midnight                  obligations.                                          disclosure. It does not limit the
                                                on the day the comment period closes.                      (6) Provide additional information                 discretion of jurisdictions to include
                                                                                                        concerning the review process for                     information concerning sex offenders
                                                Overview                                                determining that jurisdictions have                   required to register on the basis of
                                                   The Sex Offender Registration and                    substantially implemented the SORNA                   juvenile delinquency adjudications on
                                                Notification Act, which is title I of the               requirements in their programs and                    their public Web sites if they so wish.
                                                Adam Walsh Child Protection and                         continue to comply with these                            The change regarding public Web site
                                                Safety Act of 2006, Public Law 109–248,                 requirements.                                         disclosure does not authorize treating
                                                was enacted on July 27, 2006. SORNA                        (7) Afford jurisdictions greater                   sex offenders required to register on the
                                                (46 U.S.C. 16901 et seq.) establishes                   latitude regarding the registration of sex            basis of juvenile delinquency
                                                minimum national standards for sex                      offenders who have fully exited the                   adjudications differently from sex
                                                offender registration and notification in               justice system but later reenter through              offenders with adult convictions in
                                                the jurisdictions to which it applies.                  a new (non-sex-offense) criminal                      other respects. Whether a case involves
                                                ‘‘Jurisdictions’’ in the relevant sense are             conviction by providing that                          a juvenile delinquency adjudication in
                                                the 50 states, the District of Columbia,                jurisdictions may limit such registration             the category covered by SORNA or an
                                                the five principal U.S. territories, and                to cases in which the new conviction is               adult conviction, SORNA’s registration
                                                Indian tribes that satisfy certain criteria.            for a felony.                                         requirements remain applicable, see 42
                                                42 U.S.C. 16911(10). SORNA directs the                                                                        U.S.C. 16913–16, as do the requirements
                                                                                                           (8) Provide, for Indian tribes that are
                                                Attorney General to issue guidelines                                                                          to transmit or make available
                                                                                                        newly recognized by the Federal
                                                and regulations to interpret and                                                                              registration information to the national
                                                                                                        government following the enactment of
                                                implement SORNA. See id. 16912(b).                                                                            (non-public) databases of sex offender
                                                                                                        SORNA, authorization and time frames
                                                   To this end, the Attorney General                                                                          information, to law enforcement and
                                                                                                        for such tribes to elect whether to
                                                issued the National Guidelines for Sex                                                                        supervision agencies, and to registration
                                                                                                        become SORNA registration
                                                Offender Registration and Notification,                                                                       authorities in other jurisdictions, see 73
                                                                                                        jurisdictions and to implement SORNA.
                                                73 FR 38030, on July 2, 2008. The                                                                             FR at 38060.
                                                SORNA standards are administered by                     Proposed Supplemental Guidelines for                     Jurisdictions are not required to
                                                the Office of Sex Offender Sentencing,                  Sex Offender Registration and                         provide registration information
                                                Monitoring, Apprehending, Registering,                  Notification                                          concerning sex offenders required to
                                                and Tracking (‘‘SMART Office’’), which                                                                        register on the basis of juvenile
                                                                                                        Contents                                              delinquency adjudications to the
                                                assists all jurisdictions in their SORNA
                                                implementation efforts and determines                   I. Public Notification                                entities described in the SORNA
                                                whether jurisdictions have successfully                    A. Juvenile Delinquents                            Guidelines at 73 FR 38061, i.e., certain
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                                                completed these efforts. See 42 U.S.C.                     B. Internet Identifiers                            school, public housing, social service,
                                                16945; 73 FR at 38044, 38047–48.                        II. Interjurisdictional Tracking and                  and volunteer entities, and other
                                                   Since the publication of the SORNA                         Information Sharing                             organizations, companies, or
                                                                                                           A. International Travel
                                                Guidelines, issues have arisen in                          B. Domestic Interjurisdictional Tracking
                                                                                                                                                              individuals who request notification.
                                                SORNA implementation that require                          C. Acknowledgment Forms                            This reflects an exercise of the Attorney
                                                that some aspects of the Guidelines be                  III. Ongoing Implementation Assurance                 General’s authority to create exceptions
                                                augmented or modified. Consequently,                    IV. Retroactive Classes                               to required information disclosure
                                                the Department of Justice is proposing                  V. Newly Recognized Tribes                            under 42 U.S.C. 16921(b). Accordingly,


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                                                27364                            Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices

                                                if a jurisdiction decides not to include                with registration authorities in other                on the development of a system for
                                                information on a juvenile delinquent                    jurisdictions. See 73 FR at 38060. The                consistently identifying and tracking sex
                                                sex offender on its public Web site, as                 change also does not limit the discretion             offenders who engage in international
                                                is allowed by these supplemental                        of jurisdictions to include on their                  travel. Although, as noted, the current
                                                guidelines, information on the sex                      public Web sites functions by which                   Guidelines require reporting of
                                                offender does not have to be disclosed                  members of the public can ascertain                   international travel information in
                                                to these entities.                                      whether a specified e-mail address or                 certain circumstances, the existing
                                                B. Internet Identifiers                                 other Internet identifier is reported as              requirements are not sufficient to
                                                                                                        that of a registered sex offender, see id.            provide the information needed for
                                                   The KIDS Act, which was enacted in                   at 38059–60, or to disclose Internet                  tracking such travel consistently.
                                                2008, directed the Attorney General to                  identifier information to any one by
                                                utilize pre-existing legal authorities                  means other than public Web site                         The authority under 42 U.S.C.
                                                under SORNA to adopt certain measures                   posting.                                              16914(a)(7) to expand the range of
                                                relating to sex offenders’ ‘‘Internet                      The exemption of sex offenders’                    required registration information is
                                                identifiers,’’ defined to mean e-mail                   Internet identifiers from public Web site             accordingly exercised to provide that
                                                addresses and other designations used                   disclosure does not override or limit the             registrants must be required to inform
                                                for self-identification or routing in                   requirement that sex offenders’ names,                their residence jurisdictions of intended
                                                Internet communication or posting. The                  including any aliases, be included in                 travel outside of the United States at
                                                KIDS Act requires the Attorney General                  their public Web site postings. See 73                least 21 days in advance of such travel.
                                                to (i) include appropriate Internet                     FR at 38059. A sex offender’s use of his              Pursuant to 42 U.S.C. 16921(b),
                                                identifier information in the registration              name or an alias to identify himself or               jurisdictions so informed must provide
                                                information sex offenders are required                  for other purposes in Internet                        the international travel information to
                                                to provide, (ii) specify the time and                   communications or postings does not                   the U.S. Marshals Service, and must
                                                manner for keeping that information                     exempt the name or alias from public                  transmit or make available that
                                                current, (iii) exempt such information                  Web site disclosure.                                  information to national databases, law
                                                from public Web site posting, and (iv)                                                                        enforcement and supervision agencies,
                                                ensure that procedures are in place to                  II. Interjurisdictional Tracking and
                                                                                                        Information Sharing                                   and other jurisdictions as provided in
                                                notify sex offenders of resulting
                                                                                                                                                              the Guidelines. See 73 FR at 38060.
                                                obligations. See 42 U.S.C. 16915a.                      A. International Travel
                                                   The SORNA Guidelines incorporate                                                                           Jurisdictions need not disclose
                                                requirements (i)–(ii) and (iv), as                         Certain features of SORNA and the                  international travel information to the
                                                described above. See 73 FR at 38055                     SORNA Guidelines require the                          entities described in the SORNA
                                                (Internet identifiers to be included in                 Department of Justice, in conjunction                 Guidelines at 73 FR 38061ƒi.e., certain
                                                registration information), 38066                        with other Federal agencies, to develop               school, public housing, social service,
                                                (reporting of changes in Internet                       reliable means for identifying and                    and volunteer entities, and other
                                                identifiers), 38063–65 (notifying sex                   tracking sex offenders who enter or                   organizations, companies, or
                                                offenders of SORNA requirements).                       leave the United States. See 42 U.S.C.                individuals who request notification.
                                                However, while the Guidelines                           16928; 73 FR at 38066–67. To that end,                See 42 U.S.C. 16921(b). As the
                                                discouraged the inclusion of sex                        the Guidelines provide that sex                       international tracking system continues
                                                offenders’ Internet identifiers on the                  offenders must be required to inform                  to develop, the SMART Office may issue
                                                public Web sites, they did not adopt a                  their residence jurisdictions if they                 additional directions to jurisdictions to
                                                mandatory exclusion of this information                 intend to commence residence,                         provide notification concerning
                                                from public Web site posting, which the                 employment, or school attendance                      international travel by sex offenders,
                                                KIDS Act now requires. See 42 U.S.C.                    outside of the United States, and that                such as notice to Interpol, or notice to
                                                16915a(c); 73 FR at 38059–60.                           jurisdictions that are so informed must               Department of Defense agencies
                                                   The authority under 42 U.S.C.                        notify the U.S. Marshals Service and                  concerning sex offenders who may live
                                                16918(b)(4) to create additional                        update the sex offender’s registration                on U.S. military bases abroad.
                                                mandatory exemptions from public Web                    information in the national databases.
                                                                                                                                                                 While notice of international travel
                                                site disclosure is accordingly exercised                See 73 FR at 38067. (Regarding the
                                                                                                        general requirement to provide                        will generally be required as described
                                                to exempt sex offenders’ Internet
                                                identifiers from public Web site posting.               registration information for inclusion in             above, it is recognized that requiring 21
                                                This means that jurisdictions cannot,                   the National Sex Offender Registry and                days advance notice may occasionally
                                                consistent with SORNA, include sex                      other appropriate databases at the                    be unnecessary or inappropriate. For
                                                offenders’ Internet identifiers (such as e-             national level, see 42 U.S.C. 16921(b)(1);            example, a sex offender may need to
                                                mail addresses) in the sex offenders’                   73 FR at 38060.) In addition, the                     travel abroad unexpectedly because of a
                                                public Web site postings or otherwise                   Guidelines provide that sex offenders                 family or work emergency. Or separate
                                                list or post sex offenders’ Internet                    must be required to inform their                      advance notice of intended international
                                                identifiers on the public sex offender                  residence jurisdictions about lodging at              trips may be unworkable and
                                                Web sites.                                              places away from their residences for                 pointlessly burdensome for a sex
                                                   This change does not limit                           seven days or more, regardless of                     offender who lives in a northern border
                                                jurisdictions’ retention and use of sex                 whether that results from domestic or                 state and commutes to Canada for work
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                                                offenders’ Internet identifier                          international travel. See 73 FR at 38056,             on a daily basis. Jurisdictions that wish
                                                information for purposes other than                     38066.                                                to accommodate such situations should
                                                public disclosure, including submission                    Since the issuance of the Guidelines,              include information about their policies
                                                of the information to the national (non-                the SMART Office has continued to                     or practices in this area in their
                                                public) databases of sex offender                       work with other agencies of the                       submissions to the SMART Office and
                                                information, sharing of the information                 Department of Justice, the Department                 the SMART Office will determine
                                                with law enforcement and supervision                    of Homeland Security, the Department                  whether they adequately serve SORNA’s
                                                agencies, and sharing of the information                of State, and the Department of Defense               international tracking objectives.


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                                                                                 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices                                            27365

                                                B. Domestic Interjurisdictional Tracking                SORNA’s requirements, see 42 U.S.C.                   16917, 16918, 16921(b), 16922; 73 FR at
                                                   SORNA and the SORNA Guidelines                       16913(e), and Federal criminal liability              38059–61, 38063–70. The Department of
                                                require interjurisdictional sharing of                  is authorized for sex offenders who                   Justice and the SMART Office are
                                                registration information in various                     knowingly fail to register or update a                making available to jurisdictions a wide
                                                contexts and SORNA directs the                          registration as required by SORNA                     range of practical aids to SORNA
                                                Attorney General, in consultation with                  under circumstances supporting Federal                implementation, including software and
                                                the jurisdictions, to develop and                       jurisdiction, see 18 U.S.C. 2250.                     communication systems to facilitate the
                                                                                                        Successful prosecution of sex offenders               exchange of sex offender information
                                                support software facilitating the
                                                                                                        for registration violations under these               among jurisdictions and other
                                                immediate exchange of information
                                                                                                        provisions may require proof that they                technology and documentary tools. See
                                                among jurisdictions. See 42 U.S.C.
                                                                                                        were aware of a requirement to register.              42 U.S.C. 16923; 73 FR at 38031–32,
                                                16913(c), 16919(b), 16921(b)(3), 16923;                    The acknowledgment forms signed by                 38047.
                                                73 FR at 38047, 38062–68. The SMART                     sex offenders regarding their registration              Hence, implementation of SORNA is
                                                Office accordingly has created and                      obligations are likely to be the most                 not just a matter of adopting laws or
                                                maintains the SORNA Exchange Portal,                    consistently available and definitive                 rules that facially direct the
                                                which enables the immediate exchange                    proof of such knowledge. Including                    performance of the measures required
                                                of information about registered sex                     these forms in registration information               by SORNA. It entails actually carrying
                                                offenders among the jurisdictions.                      will make them readily available in the               out those measures and, as noted,
                                                   Regular use of this tool is essential to             jurisdictions in which sex offenders are              various forms of guidance and
                                                ensuring that information is reliably                   initially registered, and will make them              assistance have been provided to that
                                                shared among jurisdictions and that                     available to other jurisdictions pursuant             end. Accordingly, in reviewing
                                                interjurisdictional tracking of sex                     to the provisions of SORNA and the                    jurisdictions’ requests for approval as
                                                offenders occurs consistently and                       Guidelines for transmission of                        having substantially implemented
                                                effectively as SORNA contemplates. For                  registration information to other                     SORNA, the SMART Office will not be
                                                example, if a jurisdiction sends notice                 jurisdictions. See 42 U.S.C. 16921(b)(3);             limited to facial examination of
                                                that a sex offender has reported an                     73 FR at 38060.                                       registration laws and policies, but rather
                                                intention to change his residence to                       The authority under 42 U.S.C.                      will undertake such inquiry as is
                                                another jurisdiction, but the destination               16914(b)(8) to expand the range of                    needed to ensure that jurisdictions are
                                                jurisdiction fails to access the notice                 required registration information is                  substantially implementing SORNA’s
                                                promptly, the sex offender’s failure to                 accordingly exercised to require that sex             requirements in practice. Jurisdictions
                                                appear or register in the destination                   offenders’ signed acknowledgment                      can facilitate approval of their systems
                                                jurisdiction may go unnoticed or                        forms be included in their registration               by including in their submissions to the
                                                detection of the violation may be                       information. The existing Guidelines                  SMART Office information concerning
                                                delayed. Accordingly, to be approved as                 already provide that acknowledgment                   practical implementation measures and
                                                having substantially implemented                        forms covering the SORNA                              mechanisms, in addition to relevant
                                                SORNA, jurisdictions must, at a                         requirements are to be obtained from                  laws and rules, such as policy and
                                                minimum, have a policy of regularly                     registrants as part of the SORNA                      procedure manuals, description of
                                                accessing the SORNA Exchange Portal                     implementation process and thereafter.                infrastructure and technology resources,
                                                to receive messages from other                          See 73 FR at 38063–65. As with other                  and information about personnel and
                                                jurisdictions.                                          forms of documentary registration                     budgetary measures relating to the
                                                   Technological improvements may                       information, the inclusion of these                   operation of the jurisdiction’s
                                                facilitate the creation of new tools that               forms in registration information can be              registration and notification system. The
                                                may eventually replace the existing                     effected by scanning the forms and                    SMART Office may require jurisdictions
                                                SORNA Exchange Portal. If that occurs,                  including the resulting electronic                    to provide additional information,
                                                the SMART Office may issue directions                   documents in the registry databases or                beyond that proffered in their
                                                to jurisdictions concerning the use of                  by including links or information that                submissions, as needed for a
                                                these new tools that jurisdictions will                 provides access to other databases in                 determination.
                                                need to follow to be approved as                        which the signed acknowledgments are                    Jurisdictions that have substantially
                                                substantially implementing SORNA.                       available in electronic form. See 73 FR               implemented SORNA have a continuing
                                                                                                        at 38055.                                             obligation to maintain their system’s
                                                C. Acknowledgment Forms
                                                                                                                                                              consistency with current SORNA
                                                  SORNA provides that sex offenders                     III. Ongoing Implementation Assurance                 standards. Those that are grantees under
                                                are to be informed of their registration                   The SORNA Guidelines explain that                  the Byrne Justice Assistance Grant
                                                obligations and required to sign                        the SMART Office will determine                       program will be required in connection
                                                acknowledgments that this information                   whether jurisdictions have substantially              with the annual grant application
                                                has been provided upon their initial                    implemented the SORNA requirements                    process to establish that their systems
                                                registration. See 42 U.S.C. 16917. Even                 in their programs and that jurisdictions              continue to meet SORNA standards.
                                                before the enactment of SORNA, similar                  are to provide submissions to the                     This will entail providing information
                                                requirements were included in the                       SMART Office to facilitate this                       as directed by the SMART Office, in
                                                predecessor national standards for sex                  determination. See 42 U.S.C. 16924–25;                addition to the information otherwise
                                                offender registration and notification of               73 FR at 38047–48.                                    included in Byrne Grant applications, so
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                                                the Jacob Wetterling Crimes Against                        SORNA itself and the Guidelines                    that the SMART Office can verify
                                                Children and Sexually Violent Offender                  assume throughout that jurisdictions                  continuing implementation.
                                                Registration Act (42 U.S.C.                             must implement SORNA in practice, not                 Jurisdictions that do not apply for Byrne
                                                14071(b)(1)(A), prior to its repeal by                  just on paper, and the Guidelines                     Grants will also be required to
                                                SORNA).                                                 provide many directions and                           demonstrate periodically that their
                                                  SORNA requires jurisdictions to                       suggestions for putting the SORNA                     systems continue to meet SORNA
                                                provide criminal penalties for sex                      standards into effect. See, e.g., 42 U.S.C.           standards as directed by the SMART
                                                offenders who fail to comply with                       16911(9), 16912(a), 16913(c), 16914(b),               Office, and to provide such information


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                                                27366                            Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Notices

                                                as the SMART Office may require to                      should not entail an onerous new                      Alton R.R. Co. v. Tranbarger, 238 U.S.
                                                make this determination.                                burden on jurisdictions.                              67, 73–74 (1915); see also Taylor v.
                                                  If a jurisdiction’s Byrne Justice                        These supplemental guidelines                      Horn, 504 F.3d 416, 426 (3d Cir. 2007)
                                                Assistance Grant funding is reduced                     accordingly are modifying the                         (running statutory time limit from later
                                                because of non-implementation of                        requirements for substantial                          point where normal starting point was
                                                SORNA, it may regain eligibility for full               implementation of SORNA in relation to                already past).
                                                funding in later program years by                       sex offenders who have fully exited the                  This principle will be applied to 42
                                                substantially implementing SORNA in                     justice system, i.e., those who are no                U.S.C. 16927 to allow Indian tribes that
                                                such later years. The SMART Office will                 longer prisoners, supervisees, or                     receive Federal recognition following
                                                continue to work with all jurisdictions                 registrants. It will be sufficient if a               the enactment of SORNA a reasonable
                                                to ensure substantial implementation of                 jurisdiction registers such offenders                 amount of time to elect whether to
                                                SORNA and verify that they continue to                  who reenter the system through a                      become SORNA registration
                                                meet the requirements of SORNA on an                    subsequent criminal conviction in cases               jurisdictions as provided in that section,
                                                ongoing basis.                                          in which the subsequent criminal                      and to allow such tribes a reasonable
                                                                                                        conviction is for a felony, i.e., for an              amount of time for substantial
                                                IV. Retroactive Classes
                                                                                                        offense for which the statutory                       implementation of SORNA if they elect
                                                   SORNA’s requirements apply to all                    maximum penalty exceeds a year of                     to be SORNA registration jurisdictions.
                                                sex offenders, regardless of when they                  imprisonment. This allowance is                       In assessing what constitutes a
                                                were convicted. See 28 CFR 72.3.                        limited to cases in which the                         reasonable amount of time for these
                                                However, the SORNA Guidelines state                     subsequent conviction is for a non-sex                purposes, the Department of Justice will
                                                that it will be deemed sufficient for                   offense. As noted above, a later                      look to the amount of time SORNA
                                                substantial implementation if                           conviction for a sex offense                          generally affords for tribal elections and
                                                jurisdictions register sex offenders with               independently requires registration                   for jurisdictions’ implementation of the
                                                pre-SORNA or pre-SORNA-                                 under SORNA, regardless of whether it                 SORNA requirements. Hence, a tribe
                                                implementation sex offense convictions                  is a felony or a misdemeanor.                         receiving Federal recognition after
                                                who remain in the system as prisoners,                     This allowance only establishes the                SORNA’s enactment that otherwise
                                                supervisees, or registrants, or who                     minimum required for substantial                      qualifies to make the election under
                                                reenter the system through a subsequent                 implementation of SORNA in this                       § 16927(a) will be afforded a period of
                                                criminal conviction. See 73 FR at                       context. Jurisdictions remain free to                 one year to make the election, running
                                                38035–36, 38043, 38046–47, 38063–64.                    look more broadly and to establish                    from the date of the tribe’s recognition
                                                This feature of the Guidelines reflects an              systems to identify and register sex                  or the date of publication of these
                                                assumption that it may not be possible                  offenders who reenter the justice system              supplemental guidelines, whichever is
                                                for jurisdictions to identify and register              through misdemeanor convictions, or                   later. Likewise, such a tribe will be
                                                all sex offenders who fall within the                   even those who do not reenter the                     afforded a period of three years for
                                                SORNA registration categories,                          system through later criminal                         SORNA implementation, running from
                                                particularly where they have left the                   convictions but fall within the                       the same starting point, subject to up to
                                                justice system and merged into the                      registration categories of SORNA or the               two possible one-year extensions. See
                                                general population long ago, but that it                jurisdiction’s registration law.                      42 U.S.C. 16924.
                                                will be feasible for jurisdictions to do so
                                                in relation to sex offenders who remain                 V. Newly Recognized Tribes                              Dated: May 11, 2010.
                                                in the justice system or reenter it                        SORNA affords eligible federally-                  Eric H. Holder, Jr.,
                                                through a subsequent criminal                           recognized Indian tribes a one-year                   Attorney General.
                                                conviction. See 73 FR at 38046.                         period, running from the date of                      [FR Doc. 2010–11665 Filed 5–12–10; 11:15 am]
                                                   Experience supports a qualification of               SORNA’s enactment on July 27, 2006, to                BILLING CODE 4410–18–P
                                                this assumption in relation to sex                      elect whether to become SORNA
                                                offenders who have fully exited the                     registration jurisdictions or to delegate
                                                justice system but later reenter it                     their registration functions to the states            DEPARTMENT OF LABOR
                                                through a subsequent criminal                           within which they are located. See 42
                                                conviction for a non-sex offense that is                U.S.C. 16927(a)(1), (2)(B); 73 FR at                  Office of Labor-Management
                                                relatively minor in character. (Where                   38049–50. In principle there is no                    Standards
                                                the subsequent conviction is for a sex                  reason why an Indian tribe that initially
                                                offense it independently requires                       receives recognition by the Federal                   OLMS Listens: Office of Labor-
                                                registration under SORNA.) In many                      government following the enactment of                 Management Standards Stakeholder
                                                jurisdictions the volume of                             SORNA should be treated differently for               Meeting
                                                misdemeanor prosecutions is large and                   SORNA purposes from other federally                   AGENCY: Office of Labor-Management
                                                most such cases may need to be                          recognized tribes. But if such a tribe is             Standards, Department of Labor.
                                                disposed of in a manner that leaves little              initially recognized more than a year                 ACTION: Notice of Public Meeting.
                                                time or opportunity for examining the                   after the enactment of SORNA, then the
                                                defendant’s criminal history and                        limitation period of § 16927 will have                SUMMARY: The United States Department
                                                ascertaining whether it contains some                   passed before the tribe became the kind               of Labor (DOL), Office of Labor-
                                                past sex offense conviction that would                  of entity (a federally recognized tribe)              Management Standards (OLMS) hereby
emcdonald on DSK2BSOYB1PROD with NOTICES




                                                entail a present registration requirement               that may be eligible to become a SORNA                provides notice of a public meeting on
                                                under SORNA. In contrast, where the                     registration jurisdiction.                            a proposed change to OLMS’s
                                                subsequent offense is a serious crime,                     Where the normal starting point of a               regulations regarding reporting
                                                ordinary practice is likely to involve                  statutory time limit for taking an action             requirements for employers and
                                                closer scrutiny of the defendant’s past                 cannot sensibly be applied to a certain               consultants pursuant to section 203 of
                                                criminal conduct, and ascertaining                      entity, the statute may be construed to               the Labor-Management Reporting and
                                                whether it includes a prior conviction                  allow the entity a reasonable amount of               Disclosure Act (LMRDA), specifically
                                                requiring registration under SORNA                      time to take the action. See Chicago &                with regard to the scope of the ‘‘advice


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