IIA
105TH CONGRESS
1ST SESSION
H. R. 1683
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 24, 1997
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To clarify the standards for State sex offender registration
programs under the Jacob Wetterling Crimes Against
Children and Sexually Violent Offender Registration Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 1683 RFS
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Jacob Wetterling
Crimes Against Children and Sexually Violent Offenders
Registration Improvements Act of 1997’’.
SEC. 2. STANDARDS FOR SEX OFFENDER REGISTRATION
PROGRAMS.
(a) IN GENERAL.—Section 170101(a) of the Violent
Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14071(a)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘with
a designated State law enforcement agency’’;
and
(B) in subparagraph (B), by striking ‘‘with
a designated State law enforcement agency’’;
(2) by striking paragraph (2) and inserting the
following:
‘‘(2) DETERMINATION OF SEXUALLY VIOLENT
PREDATOR
STATUS; WAIVER; ALTERNATIVE
MEAS-
URES.—
‘‘(A) IN
GENERAL.—A determination of
whether a person is a sexually violent predator
for purposes of this section shall be made by a
court after considering the recommendation of
a board composed of experts in the behavior
and treatment of sex offenders, victims’ rights
HR 1683 RFS
parable to or which exceeds the range of of-
fenses encompassed by’’; and
(4) by adding at the end the following:
‘‘(F) The term ‘employed, carries on a vo-
cation’ includes employment that is full-time or
part-time for a period of time exceeding 14
days or for an aggregate period of time exceed-
ing 30 days during any calendar year, whether
financially compensated, volunteered, or for the
purpose of government or educational benefit;
and
‘‘(G) The term ‘student’ means a person
who is enrolled on a full-time or part-time
basis, in any public or private educational insti-
tution, including any secondary school, trade, or
professional institution, or institution of higher
education.’’.
(b) REQUIREMENTS UPON RELEASE, PAROLE, SU-
PERVISED RELEASE, OR PROBATION.—Section 170101(b)
of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14071(b)) is amended—
(1) in paragraph (1)—
(A) by striking the paragraph designation
and heading and inserting the following:
‘‘(1) DUTIES OF RESPONSIBLE OFFICIALS.—’’;
HR 1683 RFS
(B) in subparagraph (A)—
(i) in the matter preceding clause (i),
by striking ‘‘or in the case of probation,
the court’’ and inserting ‘‘the court, or an-
other responsible officer or official’’;
(ii) in clause (ii), by striking ‘‘give’’
and all that follows before the semicolon
and inserting ‘‘report the change of ad-
dress as provided by State law’’; and
(iii) in clause (iii), by striking ‘‘shall
register’’ and all that follows before the
semicolon and inserting ‘‘shall report the
change of address as provided by State law
and comply with any registration require-
ment in the new State of residence, and in-
form the person that the person must also
register in a State where the person is em-
ployed, carries on a vocation, or is a stu-
dent’’; and
(C) in subparagraph (B), by striking ‘‘or
the court’’ and inserting ‘‘, the court, or an-
other responsible officer or official’’;
(2) by striking paragraph (2) and inserting the
following:
HR 1683 RFS
‘‘(2) TRANSFER
OF
INFORMATION
TO
STATE
AND
FBI; PARTICIPATION
IN
NATIONAL
SEX
OF-
FENDER REGISTRY.—
‘‘(A) STATE
REPORTING.—State proce-
dures shall ensure that the registration infor-
mation is promptly made available to a law en-
forcement agency having jurisdiction where the
person expects to reside and entered into the
appropriate State records or data system. State
procedures shall also ensure that conviction
data and fingerprints for persons required to
register are promptly transmitted to the Fed-
eral Bureau of Investigation.
‘‘(B) NATIONAL
REPORTING.—A State
shall participate in the national database estab-
lished under section 170102(b) in accordance
with guidelines issued by the Attorney General,
including transmission of current address infor-
mation and other information on registrants to
the extent provided by the guidelines.’’;
(3) in paragraph (3)(A)—
(A) in the matter preceding clause (i), by
striking ‘‘on each’’ and all that follows through
‘‘applies:’’ and inserting the following: ‘‘State
HR 1683 RFS
procedures shall provide for verification of ad-
dress at least annually.’’; and
(B) by striking clauses (i) through (v);
(4) in paragraph (4), by striking ‘‘section re-
ported’’ and all that follows before the period at the
end and inserting the following: ‘‘section shall be re-
ported by the person in the manner provided by
State law. State procedures shall ensure that the up-
dated address information is promptly made avail-
able to a law enforcement agency having jurisdiction
where the person will reside and entered into the ap-
propriate State records or data system’’;
(5) in paragraph (5), by striking ‘‘shall reg-
ister’’ and all that follows before the period at the
end and inserting ‘‘and who moves to another State,
shall report the change of address to the responsible
agency in the State the person is leaving, and shall
comply with any registration requirement in the new
State of residence. The procedures of the State the
person is leaving shall ensure that notice is provided
promptly to an agency responsible for registration in
the new State, if that State requires registration’’;
and
(6) by adding at the end the following:
HR 1683 RFS
‘‘(7) REGISTRATION
OF
OUT-OF-STATE
OF-
FENDERS, FEDERAL
OFFENDERS, PERSONS
SEN-
TENCED
BY
COURTS
MARTIAL, AND
OFFENDERS
CROSSING STATE BORDERS.—As provided in guide-
lines issued by the Attorney General, each State
shall ensure that procedures are in place to accept
registration information from—
‘‘(A) persons who were convicted in an-
other State, convicted of a Federal offense, or
sentenced by a court martial; and
‘‘(B) nonresident offenders who have
crossed into another State in order to work or
attend school.’’.
(c) REGISTRATION OF OFFENDER CROSSING STATE
BORDER.—Section 170101 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14071(c))
is amended by redesignating subsections (c) through (f)
as (d) through (g), respectively, and inserting after sub-
section (b) the following:
‘‘(c) REGISTRATION OF OFFENDER CROSSING STATE
BORDER.—Any person who is required under this section
to register in the State in which such person resides shall
also register in any State in which the person is employed,
carries on a vocation, or is a student.’’.
HR 1683 RFS
(d) 
RELEASE
OF
INFORMATION.—Section
170101(e)(2) of the Violent Crime Control and Law En-
forcement Act of 1994 (42 U.S.C. 14071(e)(2)), as redes-
ignated by subsection (c) of this section, is amended by
striking ‘‘The designated’’ and all that follows through
‘‘State agency’’ and inserting ‘‘The State or any agency
authorized by the State’’.
(e) IMMUNITY FOR GOOD FAITH CONDUCT.—Section
170101(f) of the Violent Crime Control and Law Enforce-
ment Act of 1994 (42 U.S.C. 14071(f)), as redesignated
by subsection (c) of this section, is amended by striking
‘‘, and State officials’’ and inserting ‘‘and independent
contractors acting at the direction of such agencies, and
State officials’’.
(f) FBI REGISTRATION.—(1) Section 170102(a)(2)
of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14072(a)(2)) is amended by striking
‘‘and ‘predatory’ ’’ and inserting the following: ‘‘ ‘preda-
tory’, ‘employed, or carries on a vocation’, and ‘student’ ’’.
(2) Section 170102(a)(3) of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (42 U.S.C.
14072(a)(3)) is amended—
(A) in subparagraph (A), by inserting ‘‘in a
range of offenses specified by State law which is
comparable to or exceeds that’’ before ‘‘described’’;
HR 1683 RFS
(B) by amending subparagraph (B) to read as
follows:
‘‘(B) participates in the national database
established under subsection (b) of this section
in conformity with guidelines issued by the At-
torney General;’’; and
(C) by amending subparagraph (C) to read as
follows:
‘‘(C) provides for verification of address at
least annually;’’.
(g) PAM LYCHNER SEXUAL OFFENDER TRACKING
AND IDENTIFICATION ACT OF 1996.—Section 10 of the
Pam Lychner Sexual Offender Tracking and Identification
Act of 1996 is amended by inserting at the end the follow-
ing:
‘‘(d) EFFECTIVE DATE.—States shall be allowed the
time specified in subsection (b) to establish minimally suf-
ficient sexual offender registration programs for purposes
of the amendments made by section 2. Subsections (c) and
(k) of section 170102 of the Violent Crime Control and
Law Enforcement Act of 1994, and any requirement to
issue related regulations, shall take effect at the conclu-
sion of the time provided under this subsection for the es-
tablishment of minimally sufficient sexual offender reg-
istration programs.’’.
HR 1683 RFS
(h) FEDERAL OFFENDERS AND MILITARY PERSON-
NEL.—(1) Section 4042 of title 18, United States Code,
is amended—
(A) in subsection (a)(5), by striking ‘‘subsection
(b)’’ and inserting ‘‘subsections (b) and (c)’’;
(B) in subsection (b), by striking paragraph
(4);
(C) by redesignating subsection (c) as sub-
section (d); and
(D) by inserting after subsection (b) the follow-
ing:
‘‘(c) NOTICE OF SEX OFFENDER RELEASE.—(1) In
the case of a person described in paragraph (4) who is
released from prison or sentenced to probation, notice
shall be provided to—
‘‘(A) the chief law enforcement officer of the
State and of the local jurisdiction in which the per-
son will reside; and
‘‘(B) a State or local agency responsible for the
receipt or maintenance of sex offender registration
information in the State or local jurisdiction in
which the person will reside.
The notice requirements under this subsection do not
apply in relation to a person being protected under chapter
224.
HR 1683 RFS
‘‘(2) Notice provided under paragraph (1) shall in-
clude the information described in subsection (b)(2), the
place where the person will reside, and the information
that the person shall be subject to a registration require-
ment as a sex offender. For a person who is released from
the custody of the Bureau of Prisons whose expected place
of residence following release is known to the Bureau of
Prisons, notice shall be provided at least 5 days prior to
release by the Director of the Bureau of Prisons. For a
person who is sentenced to probation, notice shall be pro-
vided promptly by the probation officer responsible for the
supervision of the person, or in a manner specified by the
Director of the Administrative Office of the United States
Courts. Notice concerning a subsequent change of resi-
dence by a person described in paragraph (4) during any
period of probation, supervised release, or parole shall also
be provided to the agencies and officers specified in para-
graph (1) by the probation officer responsible for the su-
pervision of the person, or in a manner specified by the
Director of the Administrative Office of the United States
Courts.
‘‘(3) The Director of the Bureau of Prisons shall in-
form a person described in paragraph (4) who is released
from prison that the person shall be subject to a registra-
tion requirement as a sex offender in any State in which
HR 1683 RFS
the person resides, is employed, carries on a vocation, or
is a student (as such terms are defined for purposes of
section 170101(a)(3) of the Violent Crime Control and
Law Enforcement Act of 1994), and the same information
shall be provided to a person described in paragraph (4)
who is sentenced to probation by the probation officer re-
sponsible for supervision of the person or in a manner
specified by the Director of the Administrative Office of
the United States Courts.
‘‘(4) A person is described in this paragraph if the
person was convicted of any of the following offenses (in-
cluding such an offense prosecuted pursuant to section
1152 or 1153):
‘‘(A) An offense under section 1201 involving a
minor victim.
‘‘(B) An offense under chapter 109A.
‘‘(C) An offense under chapter 110.
‘‘(D) An offense under chapter 117.
‘‘(E) Any other offense designated by the Attor-
ney General as a sexual offense for purposes of this
subsection.
‘‘(5) The United States and its agencies, officers, and
employees shall be immune from liability based on good
faith conduct in carrying out this subsection and sub-
section (b).’’.
HR 1683 RFS
(2)(A) Section 3563(a) of title 18, United States
Code, is amended by striking the matter at the end of
paragraph (7) beginning with ‘‘The results of a drug test’’
and all that follows through the end of such paragraph
and inserting that matter at the end of section 3563.
(B) The matter inserted by subparagraph (A) at the
end of section 3563 is amended—
(i) by striking ‘‘The results of a drug test’’ and
inserting the following:
‘‘(e) RESULTS OF DRUG TESTING.—The results of
a drug test’’; and
(ii) by striking ‘‘paragraph (4)’’ each place it
appears and inserting ‘‘subsection (a)(5)’’.
(C) Section 3563(a) of title 18, United States Code,
is amended—
(i) so that paragraphs (6) and (7) appear in
numerical order immediately after paragraph (5);
(ii) by striking ‘‘and’’ at the end of paragraph
(6);
(iii) in paragraph (7), by striking ‘‘assess-
ments.’’ and inserting ‘‘assessments; and’’; and
(iv) by inserting immediately after paragraph
(7) (as moved by clause (i)) the following new para-
graph:
HR 1683 RFS
‘‘(8) 
for 
a 
person 
described 
in 
section
4042(c)(4), that the person report the address where
the person will reside and any subsequent change of
residence to the probation officer responsible for su-
pervision, and that the person register in any State
where the person resides, is employed, carries on a
vocation, or is a student (as such terms are defined
under section 170101(a)(3) of the Violent Crime
Control and Law Enforcement Act of 1994).’’.
(D) Section 3583(d) of title 18, United States Code,
is amended by inserting after the second sentence the fol-
lowing: ‘‘The court shall order, as an explicit condition of
supervised release for a person described in section
4042(c)(4), that the person report the address where the
person will reside and any subsequent change of residence
to the probation officer responsible for supervision, and
that the person register in any State where the person
resides, is employed, carries on a vocation, or is a student
(as such terms are defined under section 170101(a)(3) of
the Violent Crime Control and Law Enforcement Act of
1994).’’.
(E) Section 4209(a) of title 18, United States Code,
insofar as such section remains in effect with respect to
certain individuals, is amended by inserting after the first
sentence the following: ‘‘In every case, the Commission
HR 1683 RFS
shall impose as a condition of parole for a person described
in section 4042(c)(4), that the parolee report the address
where the parolee will reside and any subsequent change
of residence to the probation officer responsible for super-
vision, and that the parolee register in any State where
the parolee resides, is employed, carries on a vocation, or
is a student (as such terms are defined under section
170101(a)(3) of the Violent Crime Control and Law En-
forcement Act of 1994).’’.
(3)(A) The Secretary of Defense shall specify cat-
egories of conduct punishable under the Uniform Code of
Military Justice which encompass a range of conduct com-
parable to that described in section 170101(a)(3)(A) and
(B) of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 14071(a)(3)(A) and (B)), and
such other conduct as the Secretary deems appropriate for
inclusion for purposes of this paragraph.
(B) In relation to persons sentenced by a court mar-
tial for conduct in the categories specified under subpara-
graph (A), the Secretary shall prescribe procedures and
implement a system to—
(i) provide notice concerning the release from
confinement or sentencing of such persons;
(ii) inform such persons concerning registration
obligations; and
HR 1683 RFS
(iii) track and ensure compliance with registra-
tion requirements by such persons during any period
of parole, probation, or other conditional release or
supervision related to the offense.
(C) The procedures and requirements established by
the Secretary under this paragraph shall, to the maximum
extent practicable, be consistent with those specified for
Federal offenders under the amendments made by para-
graphs (1) and (2).
(D) If a person within the scope of this paragraph
is confined in a facility under the control of the Bureau
of Prisons at the time of release, the Bureau of Prisons
shall provide notice of release and inform the person con-
cerning registration obligations under the procedures spec-
ified in section 4042(c) of title 18, United States Code.
(i) PROTECTED WITNESS REGISTRATION.—Section
3521(b)(1) of title 18, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (G);
(2) by redesignating subparagraph (H) as sub-
paragraph (I); and
(3) by inserting after subparagraph (G) the fol-
lowing:
‘‘(H) protect the confidentiality of the identity
and location of persons subject to registration re-
HR 1683 RFS
quirements as convicted offenders under Federal or
State law, including prescribing alternative proce-
dures to those otherwise provided by Federal or
State law for registration and tracking of such per-
sons; and’’.
SEC. 3. SENSE OF CONGRESS AND REPORT RELATING TO
STALKING LAWS.
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that each State should have in effect a law that
makes it a crime to stalk any individual, especially chil-
dren, without requiring that such individual be physically
harmed or abducted before a stalker is restrained or pun-
ished.
(b) REPORT.—The Attorney General shall include in
an annual report under section 40610 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C.
14039) information concerning existing or proposed State
laws and penalties for stalking crimes against children.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect on the date of the enact-
ment of this Act, except that—
(1) paragraphs (1), (2), and (3) of section 2(h)
shall take effect 1 year after the date of the enact-
ment of this Act; and
HR 1683 RFS
(2) States shall have 3 years from such date of
enactment to implement amendments made by this
Act which impose new requirements under the Jacob
Wetterling Crimes Against Children and Sexually
Violent Offender Registration Act, and the Attorney
General may grant an additional 2 years to a State
that is making good faith efforts to implement these
amendments.
Passed the House of Representatives September 23,
1997.
Attest:
ROBIN H. CARLE,
Clerk.
By JEFF TRANDAHL,
Deputy Clerk.