Sex Offender Registration and Notification Act

In Gundy v. United States the Supreme Court held 5-3 that the Sex Offender Registration and Notification Act’s (SORNA) delegation of authority to the Attorney General to apply SORNA’s requirements to pre-Act offenders doesn’t violate the constitution’s nondelegation doctrine.

SORNA, enacted in 2006, is Congress’s third sex offender registry law. It was intended to be more comprehensive than the previous two. It covers “more sex offenders, and imposes more onerous registration requirements, than most States had before.”

SORNA states “[t]he Attorney General shall have the authority to specify the applicability of the requirements of this subchapter to sex offenders convicted before the enactment of this chapter.” In 2007 the Attorney General issued an interim rule stating that SORNA’s registration requirements apply in full to pre-Act offenders.