Calendar No. 437

104TH CONGRESS

2D SESSION H. R. 1533

AN ACT

To amend title 18, United States Code, to increase

the penalty for escaping from a Federal prison.

JUNE 13, 1996

Reported with an amendment
II

★(Star Print)

Calendar No. 437

104TH CONGRESS

2D SESSION H. R. 1533

IN THE SENATE OF THE UNITED STATES

DECEMBER 13, 1995

Received; read twice and referred to the Committee on the Judiciary

JUNE 13, 1996

Reported by Mr. HATCH, with an amendment

[Insert the part printed in italic]

AN ACT

To amend title 18, United States Code, to increase the

penalty for escaping from a Federal prison.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That section 751(a) of title 18, United States Code, is

4 amended by striking ‘‘five’’ and inserting ‘‘10’’.

5 SEC. 2. SHORT TITLE.

6 This Act may be cited as the ‘‘Sexual Offender Track7 ing and Identification Act of 1996’’.
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1 SEC. 3. OFFENDER REGISTRATION.

2 (a) ESTABLISHMENT OF FBI DATABASE.—Subtitle A

3 of title XVII of the Violent Crime Control and Law Enforce4 ment Act of 1994 (42 U.S.C. 14071) is amended by adding

5 at the end the following new section:

6 ‘‘SEC. 170102. FBI DATABASE.

7 ‘‘(a) DEFINITIONS.—For purposes of this section—

8 ‘‘(1) the term ‘FBI’ means the Federal Bureau of

9 Investigation;

10 ‘‘(2) the terms ‘criminal offense against a victim

11 who is a minor’, ‘sexually violent offense’, ‘sexually

12 violent predator’, ‘mental abnormality’, and ‘preda13 tory’ have the same meanings as in section

14 170101(a)(3); and

15 ‘‘(3) the term ‘minimally sufficient sexual of16 fender registration program’ means any State sexual

17 offender registration program that—

18 ‘‘(A) requires the registration of each of19 fender who is convicted of an offense described in

20 subparagraph (A) or (B) of section 170101(a)(1);

21 ‘‘(B) requires that all information gathered

22 under such program be transmitted to the FBI

23 in accordance with subsection (g) of this section;

24 ‘‘(C) meets the requirements for verification

25 under section 170101(b)(3); and
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1 ‘‘(D) requires that each person who is re2 quired to register under subparagraph (A) shall

3 do so for a period of not less than 10 years be4 ginning on the date that such person was re5 leased from prison or placed on parole, super6 vised release, or probation.

7 ‘‘(b) ESTABLISHMENT.—The Attorney General shall es8 tablish a national database at the Federal Bureau of Inves9 tigation to track the whereabouts and movement of—

10 ‘‘(1) each person who has been convicted of a

11 criminal offense against a victim who is a minor;

12 ‘‘(2) each person who has been convicted of a sex13 ually violent offense; and

14 ‘‘(3) each person who is a sexually violent preda15 tor.

16 ‘‘(c) REGISTRATION REQUIREMENT.—Each person de17 scribed in subsection (b) who resides in a State that has

18 not established a minimally sufficient sexual offender reg19 istration program shall register a current address, finger20 prints of that person, and a current photograph of that per21 son with the FBI for inclusion in the database established

22 under subsection (b) for the time period specified under sub23 section (d).

24 ‘‘(d) LENGTH OF REGISTRATION.—A person described

25 in subsection (b) who is required to register under sub-
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1 section (c) shall, except during ensuing periods of incarcer2 ation, continue to comply with this section—

3 ‘‘(1) until 10 years after the date on which the

4 person was released from prison or placed on parole,

5 supervised release, or probation; or

6 ‘‘(2) for the life of the person, if that person—

7 ‘‘(A) has 2 or more convictions for an of8 fense described in subsection (b);

9 ‘‘(B) has been convicted of aggravated sex10 ual abuse, as defined in section 2241 of title 18,

11 United States Code, or in a comparable provi12 sion of State law; or

13 ‘‘(C) has been determined to be a sexually

14 violent predator.

15 ‘‘(e) VERIFICATION.—

16 ‘‘(1) PERSONS CONVICTED OF AN OFFENSE

17 AGAINST A MINOR OR A SEXUALLY VIOLENT OF18 FENSE.—In the case of a person required to register

19 under subsection (c), the FBI shall, during the period

20 in which the person is required to register under sub21 section (d), verify the person’s address in accordance

22 with guidelines that shall be promulgated by the At23 torney General. Such guidelines shall ensure that ad24 dress verification is accomplished with respect to these
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1 individuals and shall require the submission of fin2 gerprints and photographs of the individual.

3 ‘‘(2) SEXUALLY VIOLENT PREDATORS.—Para4 graph (1) shall apply to a person described in sub5 section (b)(3), except that such person must verify the

6 registration once every 90 days after the date of the

7 initial release or commencement of parole of that per8 son.

9 ‘‘(f) COMMUNITY NOTIFICATION.—

10 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the

11 FBI may release relevant information concerning a

12 person required to register under subsection (c) that

13 is necessary to protect the public.

14 ‘‘(2) IDENTITY OF VICTIM.—In no case shall the

15 FBI release the identity of any victim of an offense

16 that requires registration by the offender with the

17 FBI.

18 ‘‘(g) NOTIFICATION OF FBI OF CHANGES IN RESI19 DENCE.—

20 ‘‘(1) ESTABLISHMENT OF NEW RESIDENCE.—For

21 purposes of this section, a person shall be deemed to

22 have established a new residence during any period in

23 which that person resides for not less than 10 days.

24 ‘‘(2) PERSONS REQUIRED TO REGISTER WITH

25 THE FBI.—Each establishment of a new residence, in-
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1 cluding the initial establishment of a residence imme2 diately following release from prison, or placement on

3 parole, supervised release, or probation, by a person

4 required to register under subsection (c) shall be re5 ported to the FBI not later than 10 days after that

6 person establishes a new residence.

7 ‘‘(3) INDIVIDUAL REGISTRATION REQUIRE8 MENT.—A person required to register under sub9 section (c) or under a minimally sufficient offender

10 registration program, including a program estab11 lished under section 170101, who changes address to

12 a State other than the State in which the person re13 sided at the time of the immediately preceding reg14 istration shall, not later than 10 days after that per15 son establishes a new residence, register a current ad16 dress, fingerprints, and a photograph of that person,

17 for inclusion in the appropriate database, with—

18 ‘‘(A) the FBI; and

19 ‘‘(B) the State in which the new residence

20 is established.

21 ‘‘(4) STATE REGISTRATION REQUIREMENT.—Any

22 time any State agency in a State with a minimally

23 sufficient sexual offender registration program, in24 cluding a program established under section 170101,

25 is notified of a change of address by a person required
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1 to register under such program within or outside of

2 such State, the State shall notify—

3 ‘‘(A) the law enforcement officials of the ju4 risdiction to which, and the jurisdiction from

5 which, the person has relocated; and

6 ‘‘(B) the FBI.

7 ‘‘(5) VERIFICATION.—

8 ‘‘(A) NOTIFICATION OF LOCAL LAW EN9 FORCEMENT OFFICIALS.—The FBI shall ensure

10 that State and local law enforcement officials of

11 the jurisdiction from which, and the State and

12 local law enforcement officials of the jurisdiction

13 to which, a person required to register under

14 subsection (c) relocates are notified of the new

15 residence of such person.

16 ‘‘(B) NOTIFICATION OF FBI.—A State agen17 cy receiving notification under this subsection

18 shall notify the FBI of the new residence of the

19 offender.

20 ‘‘(C) VERIFICATION.—

21 ‘‘(i) STATE AGENCIES.—If a State

22 agency cannot verify the address of or locate

23 a person required to register with a mini24 mally sufficient sexual offender registration

25 program, including a program established
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1 under section 170101, the State shall imme2 diately notify the FBI.

3 ‘‘(ii) FBI.—If the FBI cannot verify

4 the address of or locate a person required to

5 register under subsection (c) or if the FBI

6 receives notification from a State under

7 clause (I), the FBI shall ensure that, either

8 the State or the FBI shall—

9 ‘‘(I) classify the person as being

10 in violation of the registration require11 ments of the national database; and

12 ‘‘(II) add the name of the person

13 to the National Crime Information

14 Center Wanted Person File and create

15 a wanted persons record, provided that

16 an arrest warrant which meets the re17 quirements for entry into the file is is18 sued in connection with the violation.

19 ‘‘(h) FINGERPRINTS.—

20 ‘‘(1) IN GENERAL.—

21 ‘‘(A) FBI REGISTRATION.—For each person

22 required to register under subsection (c), finger23 prints shall be obtained and verified by the FBI

24 or a local law enforcement official pursuant to

25 regulations issued by the Attorney General.
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1 ‘‘(B) STATE REGISTRATION SYSTEMS.—In a

2 State that has a minimally sufficient sexual of3 fender registration program, including a pro4 gram established under section 170101, finger5 prints required to be registered with the FBI

6 under this section shall be obtained and verified

7 in accordance with State requirements. The

8 State agency responsible for registration shall

9 ensure that the fingerprints and all other infor10 mation required to be registered is registered

11 with the FBI.

12 ‘‘(i) PENALTY.—A person required to register under

13 paragraph (1), (2), or (3) of subsection (g) who knowingly

14 fails to comply with this section shall—

15 ‘‘(1) in the case of a first offense—

16 ‘‘(A) if the person has been convicted of 1

17 offense described in subsection (b), be fined not

18 more than $100,000; or

19 ‘‘(B) if the person has been convicted of

20 more than 1 offense described in subsection (b),

21 be imprisoned for up to 1 year and fined not

22 more than $100,000; or

23 ‘‘(2) in the case of a second or subsequent offense,

24 be imprisoned for up to 10 years and fined not more

25 than $100,000.
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1 ‘‘(j) RELEASE OF INFORMATION.—The information

2 collected by the FBI under this section shall be disclosed

3 by the FBI—

4 ‘‘(1) to Federal, State, and local criminal justice

5 agencies for—

6 ‘‘(A) law enforcement purposes; and

7 ‘‘(B) community notification in accordance

8 with section 170101(d)(3); and

9 ‘‘(2) to Federal, State, and local governmental

10 agencies responsible for conducting employment-relat11 ed background checks under section 3 of the National

12 Child Protection Act of 1993 (42 U.S.C. 5119a).’’.

13 ‘‘(k) NOTIFICATION UPON RELEASE.—Any state not

14 having established a program described in 170102(a)(3)

15 must—

16 ‘‘(1) upon release from prison, or placement on

17 parole, supervised release, or probation, notify each

18 offender who is convicted of an offense described in

19 subparagraph (A) or (B) of section 170101(a)(1) of

20 their duty to register with the FBI; and

21 ‘‘(2) notify the FBI of the release of each offender

22 who is convicted of an offense described in subpara23 graph (A) or (B) of section 170101(a)(1).’’.
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1 SEC. 4. DURATION OF STATE REGISTRATION REQUIRE2 MENT.

3 Section 170101(b)(6) of the Violent Crime Control and

4 Law Enforcement Act of 1994 (42 U.S.C. 14071(b)(6)) is

5 amended to read as follows:

6 ‘‘(6) LENGTH OF REGISTRATION.—A person re7 quired to register under subsection (a)(1) shall con8 tinue to comply with this section, except during ensu9 ing periods of incarceration, until—

10 ‘‘(A) 10 years have elapsed since the person

11 was released from prison or placed on parole, su12 pervised release, or probation; or

13 ‘‘(B) for the life of that person if that per14 son—

15 ‘‘(i) has 1 or more prior convictions for

16 an offense described in subsection (a)(1)(A);

17 or

18 ‘‘(ii) has been convicted of an aggra19 vated offense described in subsection

20 (a)(1)(A); or

21 ‘‘(iii) has been determined to be a sexu22 ally violent predator pursuant to subsection

23 (a)(2).’’.

24 SEC. 5. STATE BOARDS.

25 Section 170101(a)(2) of the Violent Crime Control and

26 Law Enforcement Act of 1994 (42 U.S.C. 14071(a)(2)) is
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1 amended by inserting before the period at the end the follow2 ing: ‘‘, victim rights advocates, and representatives from

3 law enforcement agencies’’.

4 SEC. 6. FINGERPRINTS.

5 Section 170101 of the Violent Crime Control and Law

6 Enforcement Act of 1994 (42 U.S.C. 14071) is amended by

7 adding at the end the following new subsection:

8 ‘‘(g) FINGERPRINTS.—Each requirement to register

9 under this section shall be deemed to also require the sub10 mission of fingerprints of the person required to register,

11 obtained in accordance with regulations prescribed by the

12 Attorney General under section 170102(h).’’.

13 SEC. 7. VERIFICATION.

14 Section 170101(b)(3)(A)(iii) of the Violent Crime Con15 trol and Law Enforcement Act of 1994 (42 U.S.C.

16 14071(b)(3)(A)(iii)) is amended by adding at the end the

17 following: ‘‘The person shall include with the verification

18 form, fingerprints and a photograph of that person.’’.

19 SEC. 8. REGISTRATION INFORMATION.

20 Section 170101(b)(2) of the Violent Crime Control and

21 Law Enforcement Act of 1994 (42 U.S.C. 14071(b)(2)) is

22 amended to read as follows:

23 ‘‘(2) TRANSFER OF INFORMATION TO STATE AND

24 THE FBI.—The officer, or in the case of a person

25 placed on probation, the court, shall, within 3 days
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1 after receipt of information described in paragraph

2 (1), forward it to a designated State law enforcement

3 agency. The State law enforcement agency shall im4 mediately enter the information into the appropriate

5 State law enforcement record system and notify the

6 appropriate law enforcement agency having jurisdic7 tion where the person expects to reside. The State law

8 enforcement agency shall also immediately transmit

9 all information described in paragraph (1) to the

10 Federal Bureau of Investigation for inclusion in the

11 FBI database described in section 170102.’’.

12 SEC. 9. IMMUNITY FOR GOOD FAITH CONDUCT.

13 State and Federal law enforcement agencies, employees

14 of State and Federal law enforcement agencies, and State

15 and Federal officials shall be immune from liability for

16 good faith conduct under section 170102.

17 SEC. 10. REGULATIONS.

18 Not later than 1 year after the date of enactment of

19 this Act, the Attorney General shall issue regulations to

20 carry out this Act and the amendments made by this Act.

21 SEC. 11. EFFECTIVE DATE.

22 (a) IN GENERAL.—This Act and the amendments

23 made by this Act shall become effective 1 year after the date

24 of enactment of this Act.
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1 (b) COMPLIANCE BY STATES.—Each State shall imple2 ment the amendments made by sections 3, 4, 5, 6, and 7

3 of this Act not later than 3 years after the date of enactment

4 of this Act, except that the Attorney General may grant an

5 additional 2 years to a State that is making good faith

6 efforts to implement such amendments.

7 SEC. 12. SEVERABILITY.

8 If any provision of this Act, an amendment made by

9 this Act, or the application of such provision or amendment

10 to any person or circumstance is held to be unconstitu11 tional, the remainder of this Act, the amendments made by

12 this Act, and the application of the provisions of such to

13 any person or circumstance shall not be affected thereby.

14 SEC. 13. COMPUTER CRIME.

15 Section 1030 of title 18, United States Code, is amend16 ed—

17 (1) in subsection (a)—

18 (A) in paragraph (1)—

19 (i) by striking ‘‘knowingly accesses’’

20 and inserting ‘‘having knowingly accessed’’;

21 (ii) by striking ‘‘exceeds’’ and inserting

22 ‘‘exceeding’’;

23 (iii) by striking ‘‘obtains information’’

24 and inserting ‘‘having obtained informa25 tion’’;
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1 (iv) by striking ‘‘the intent or’’;

2 (v) by striking ‘‘is to be used’’ and in3 serting ‘‘could be used’’; and

4 (vi) by inserting before the semicolon

5 at the end the following: ‘‘willfully commu6 nicates, delivers, transmits, or causes to be

7 communicated, delivered, or transmitted, or

8 attempts to communicate, deliver, transmit

9 or cause to be communicated, delivered, or

10 transmitted the same to any person not en11 titled to receive it, or willfully retains the

12 same and fails to deliver it to the officer or

13 employee of the United States entitled to re14 ceive it’’;

15 (B) in paragraph (2)—

16 (i) by striking ‘‘obtains information’’

17 and inserting ‘‘obtains—

18 ‘‘(A) information’’; and

19 (ii) by adding at the end the following

20 new subparagraphs:

21 ‘‘(B) information from any department or

22 agency of the United States; or

23 ‘‘(C) information from any protected com24 puter if the conduct involved an interstate or for25 eign communication;’’;
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1 (C) in paragraph (3)—

2 (i) by inserting ‘‘nonpublic’’ before

3 ‘‘computer of a department or agency’’;

4 (ii) by striking ‘‘adversely’’; and

5 (iii) by striking ‘‘the use of the Govern6 ment’s operation of such computer’’ and in7 serting ‘‘that use by or for the Government

8 of the United States’’;

9 (D) in paragraph (4)—

10 (i) by striking ‘‘Federal interest’’ and

11 inserting ‘‘protected’’; and

12 (ii) by inserting before the semicolon

13 the following: ‘‘and the value of such use is

14 not more than $5,000 in any 1-year pe15 riod’’;

16 (E) by striking paragraph (5) and inserting

17 the following:

18 ‘‘(5)(A) knowingly causes the transmission of a

19 program, information, code, or command, and as a

20 result of such conduct, intentionally causes damage

21 without authorization, to a protected computer;

22 ‘‘(B) intentionally accesses a protected computer

23 without authorization, and as a result of such con24 duct, recklessly causes damage; or
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1 ‘‘(C) intentionally accesses a protected computer

2 without authorization, and as a result of such con3 duct, causes damage;’’; and

4 (F) by inserting after paragraph (6) the fol5 lowing new paragraph:

6 ‘‘(7) with intent to extort from any person, firm,

7 association, educational institution, financial institu8 tion, government entity, or other legal entity, any

9 money or other thing of value, transmits in interstate

10 or foreign commerce any communication containing

11 any threat to cause damage to a protected computer;’’;

12 (2) in subsection (c)—

13 (A) in paragraph (1), by striking ‘‘such

14 subsection’’ each place that term appears and in15 serting ‘‘this section’’;

16 (B) in paragraph (2)—

17 (i) in subparagraph (A)—

18 (I) by inserting ‘‘, (a)(5)(C),’’

19 after ‘‘(a)(3)’’; and

20 (II) by striking ‘‘such subsection’’

21 and inserting ‘‘this section’’;

22 (ii) by redesignating subparagraph (B)

23 as subparagraph (C);

24 (iii) by inserting immediately after

25 subparagraph (A) the following:
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1 ‘‘(B) a fine under this title or imprison2 ment for not more than 5 years, or both, in the

3 case of an offense under subsection (a)(2), if—

4 ‘‘(i) the offense was committed for pur5 poses of commercial advantage or private fi6 nancial gain;

7 ‘‘(ii) the offense was committed in fur8 therance of any criminal or tortious act in

9 violation of the Constitution or laws of the

10 United States or of any State; or

11 ‘‘(iii) the value of the information ob12 tained exceeds $5,000;’’; and

13 (iv) in subparagraph (C) (as redesig14 nated)—

15 (I) by striking ‘‘such subsection’’

16 and inserting ‘‘this section’’; and

17 (II) by adding ‘‘and’’ at the end;

18 (C) in paragraph (3)—

19 (i) in subparagraph (A)—

20 (I) by striking ‘‘(a)(4) or

21 (a)(5)(A)’’ and inserting ‘‘(a)(4),

22 (a)(5)(A), (a)(5)(B), or (a)(7)’’; and

23 (II) by striking ‘‘such subsection’’

24 and inserting ‘‘this section’’; and

25 (ii) in subparagraph (B)—
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1 (I) by striking ‘‘(a)(4) or (a)(5)’’

2 and inserting ‘‘(a)(4), (a)(5)(A),

3 (a)(5)(B), (a)(5)(C), or (a)(7)’’; and

4 (II) by striking ‘‘such subsection’’

5 and inserting ‘‘this section’’; and

6 (D) by striking paragraph (4);

7 (3) in subsection (d), by inserting ‘‘subsections

8 (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6)

9 of’’ before ‘‘this section.’’;

10 (4) in subsection (e)—

11 (A) in paragraph (2)—

12 (i) by striking ‘‘Federal interest’’ and

13 inserting ‘‘protected’’;

14 (ii) in subparagraph (A), by striking

15 ‘‘the use of the financial institution’s oper16 ation or the Government’s operation of such

17 computer’’ and inserting ‘‘that use by or for

18 the financial institution or the Govern19 ment’’; and

20 (iii) by striking subparagraph (B) and

21 inserting the following:

22 ‘‘(B) which is used in interstate or foreign

23 commerce or communication;’’;

24 (B) in paragraph (6), by striking ‘‘and’’ at

25 the end;
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1 (C) in paragraph (7), by striking the period

2 at the end and inserting ‘‘; and’’; and

3 (D) by adding at the end the following new

4 paragraphs:

5 ‘‘(8) the term ‘damage’ means any impairment

6 to the integrity or availability of data, a program, a

7 system, or information, that—

8 ‘‘(A) causes loss aggregating at least $5,000

9 in value during any 1-year period to one or

10 more individuals;

11 ‘‘(B) modifies or impairs, or potentially

12 modifies or impairs, the medical examination,

13 diagnosis, treatment, or care of one or more in14 dividuals;

15 ‘‘(C) causes physical injury to any person;

16 or

17 ‘‘(D) threatens public health or safety; and

18 ‘‘(9) the term ‘government entity’ includes the

19 Government of the United States, any State or politi20 cal subdivision of the United States, any foreign

21 country, and any state, province, municipality, or

22 other political subdivision of a foreign country.’’; and

23 (5) in subsection (g)—

24 (A) by striking ‘‘, other than a violation of

25 subsection (a)(5)(B),’’; and
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1 (B) by striking ‘‘of any subsection other

2 than subsection (a)(5)(A)(ii)(II)(bb) or

3 (a)(5)(B)(ii)(II)(bb)’’ and inserting ‘‘involving

4 damage as defined in subsection (e)(8)(A)’’.

5 SEC. 14. CHILD PROTECTION ACT AMENDMENTS.

6 Section 3(e) of the National Child Protection Act of

7 1993 (42 U.S.C. 5119a(e)) is amended to read as follows:

8 ‘‘(e) FEES.—

9 ‘‘(1) IN GENERAL.—The fees collected by the au10 thorized State agencies and the Federal Bureau of In11 vestigation, respectively, may not exceed—

12 ‘‘(A) $5, or 50 percent of the actual cost,

13 whichever is greater, of the background check

14 conducted with fingerprints in relation to a

15 background check conducted pursuant to a State

16 requirement adopted after September 1, 1996,

17 with respect to a volunteer provider; and

18 ‘‘(B) $18, or the actual cost, whichever is

19 less, of the background check conducted with fin20 gerprints, plus any surcharge charged pursuant

21 to paragraph (2) in relation to a background

22 check conducted pursuant to a State requirement

23 adopted after September 1, 1996, with respect to

24 a nonvolunteer provider.
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1 ‘‘(2) USER FEE SURCHARGE.—In the case of a

2 background check conducted pursuant to a State re3 quirement adopted after September 1, 1996, with re4 spect to a nonvolunteer provider, a special user fee

5 surcharge for the background check may be collected

6 by the authorized State agencies and the Federal Bu7 reau of Investigation, in an amount equal to not

8 more than 75 percent of the fee charged pursuant to

9 paragraph (1)(B).’’.