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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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That section 751(a) of title 18, United States Code, is
amended by striking ‘‘five’’ and inserting ‘‘10’’.
SEC. 2. SHORT TITLE.
This Act may be cited as the ‘‘Sexual Offender Track-
ing and Identification Act of 1996’’.
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SEC. 3. OFFENDER REGISTRATION.
(a) ESTABLISHMENT OF FBI DATABASE.—Subtitle A
of title XVII of the Violent Crime Control and Law Enforce-
ment Act of 1994 (42 U.S.C. 14071) is amended by adding
at the end the following new section:
‘‘SEC. 170102. FBI DATABASE.
‘‘(a) DEFINITIONS.—For purposes of this section—
‘‘(1) the term ‘FBI’ means the Federal Bureau of
Investigation;
‘‘(2) the terms ‘criminal offense against a victim
who is a minor’, ‘sexually violent offense’, ‘sexually
violent predator’, ‘mental abnormality’, and ‘preda-
tory’ have the same meanings as in section
170101(a)(3); and
‘‘(3) the term ‘minimally sufficient sexual of-
fender registration program’ means any State sexual
offender registration program that—
‘‘(A) requires the registration of each of-
fender who is convicted of an offense described in
subparagraph (A) or (B) of section 170101(a)(1);
‘‘(B) requires that all information gathered
under such program be transmitted to the FBI
in accordance with subsection (g) of this section;
‘‘(C) meets the requirements for verification
under section 170101(b)(3); and
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‘‘(D) requires that each person who is re-
quired to register under subparagraph (A) shall
do so for a period of not less than 10 years be-
ginning on the date that such person was re-
leased from prison or placed on parole, super-
vised release, or probation.
‘‘(b) ESTABLISHMENT.—The Attorney General shall es-
tablish a national database at the Federal Bureau of Inves-
tigation to track the whereabouts and movement of—
‘‘(1) each person who has been convicted of a
criminal offense against a victim who is a minor;
‘‘(2) each person who has been convicted of a sex-
ually violent offense; and
‘‘(3) each person who is a sexually violent preda-
tor.
‘‘(c) REGISTRATION REQUIREMENT.—Each person de-
scribed in subsection (b) who resides in a State that has
not established a minimally sufficient sexual offender reg-
istration program shall register a current address, finger-
prints of that person, and a current photograph of that per-
son with the FBI for inclusion in the database established
under subsection (b) for the time period specified under sub-
section (d).
‘‘(d) LENGTH OF REGISTRATION.—A person described
in subsection (b) who is required to register under sub-
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section (c) shall, except during ensuing periods of incarcer-
ation, continue to comply with this section—
‘‘(1) until 10 years after the date on which the
person was released from prison or placed on parole,
supervised release, or probation; or
‘‘(2) for the life of the person, if that person—
‘‘(A) has 2 or more convictions for an of-
fense described in subsection (b);
‘‘(B) has been convicted of aggravated sex-
ual abuse, as defined in section 2241 of title 18,
United States Code, or in a comparable provi-
sion of State law; or
‘‘(C) has been determined to be a sexually
violent predator.
‘‘(e) VERIFICATION.—
‘‘(1) PERSONS
CONVICTED
OF
AN
OFFENSE
AGAINST
A
MINOR
OR
A
SEXUALLY
VIOLENT
OF-
FENSE.—In the case of a person required to register
under subsection (c), the FBI shall, during the period
in which the person is required to register under sub-
section (d), verify the person’s address in accordance
with guidelines that shall be promulgated by the At-
torney General. Such guidelines shall ensure that ad-
dress verification is accomplished with respect to these
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individuals and shall require the submission of fin-
gerprints and photographs of the individual.
‘‘(2) SEXUALLY
VIOLENT
PREDATORS.—Para-
graph (1) shall apply to a person described in sub-
section (b)(3), except that such person must verify the
registration once every 90 days after the date of the
initial release or commencement of parole of that per-
son.
‘‘(f) COMMUNITY NOTIFICATION.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
FBI may release relevant information concerning a
person required to register under subsection (c) that
is necessary to protect the public.
‘‘(2) IDENTITY OF VICTIM.—In no case shall the
FBI release the identity of any victim of an offense
that requires registration by the offender with the
FBI.
‘‘(g) NOTIFICATION OF FBI OF CHANGES IN RESI-
DENCE.—
‘‘(1) ESTABLISHMENT OF NEW RESIDENCE.—For
purposes of this section, a person shall be deemed to
have established a new residence during any period in
which that person resides for not less than 10 days.
‘‘(2) PERSONS
REQUIRED
TO
REGISTER
WITH
THE FBI.—Each establishment of a new residence, in-
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cluding the initial establishment of a residence imme-
diately following release from prison, or placement on
parole, supervised release, or probation, by a person
required to register under subsection (c) shall be re-
ported to the FBI not later than 10 days after that
person establishes a new residence.
‘‘(3) 
INDIVIDUAL
REGISTRATION
REQUIRE-
MENT.—A person required to register under sub-
section (c) or under a minimally sufficient offender
registration program, including a program estab-
lished under section 170101, who changes address to
a State other than the State in which the person re-
sided at the time of the immediately preceding reg-
istration shall, not later than 10 days after that per-
son establishes a new residence, register a current ad-
dress, fingerprints, and a photograph of that person,
for inclusion in the appropriate database, with—
‘‘(A) the FBI; and
‘‘(B) the State in which the new residence
is established.
‘‘(4) STATE REGISTRATION REQUIREMENT.—Any
time any State agency in a State with a minimally
sufficient sexual offender registration program, in-
cluding a program established under section 170101,
is notified of a change of address by a person required
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to register under such program within or outside of
such State, the State shall notify—
‘‘(A) the law enforcement officials of the ju-
risdiction to which, and the jurisdiction from
which, the person has relocated; and
‘‘(B) the FBI.
‘‘(5) VERIFICATION.—
‘‘(A) NOTIFICATION
OF
LOCAL
LAW
EN-
FORCEMENT OFFICIALS.—The FBI shall ensure
that State and local law enforcement officials of
the jurisdiction from which, and the State and
local law enforcement officials of the jurisdiction
to which, a person required to register under
subsection (c) relocates are notified of the new
residence of such person.
‘‘(B) NOTIFICATION OF FBI.—A State agen-
cy receiving notification under this subsection
shall notify the FBI of the new residence of the
offender.
‘‘(C) VERIFICATION.—
‘‘(i) STATE
AGENCIES.—If a State
agency cannot verify the address of or locate
a person required to register with a mini-
mally sufficient sexual offender registration
program, including a program established
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under section 170101, the State shall imme-
diately notify the FBI.
‘‘(ii) FBI.—If the FBI cannot verify
the address of or locate a person required to
register under subsection (c) or if the FBI
receives notification from a State under
clause (I), the FBI shall ensure that, either
the State or the FBI shall—
‘‘(I) classify the person as being
in violation of the registration require-
ments of the national database; and
‘‘(II) add the name of the person
to the National Crime Information
Center Wanted Person File and create
a wanted persons record, provided that
an arrest warrant which meets the re-
quirements for entry into the file is is-
sued in connection with the violation.
‘‘(h) FINGERPRINTS.—
‘‘(1) IN GENERAL.—
‘‘(A) FBI REGISTRATION.—For each person
required to register under subsection (c), finger-
prints shall be obtained and verified by the FBI
or a local law enforcement official pursuant to
regulations issued by the Attorney General.
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‘‘(B) STATE REGISTRATION SYSTEMS.—In a
State that has a minimally sufficient sexual of-
fender registration program, including a pro-
gram established under section 170101, finger-
prints required to be registered with the FBI
under this section shall be obtained and verified
in accordance with State requirements. The
State agency responsible for registration shall
ensure that the fingerprints and all other infor-
mation required to be registered is registered
with the FBI.
‘‘(i) PENALTY.—A person required to register under
paragraph (1), (2), or (3) of subsection (g) who knowingly
fails to comply with this section shall—
‘‘(1) in the case of a first offense—
‘‘(A) if the person has been convicted of 1
offense described in subsection (b), be fined not
more than $100,000; or
‘‘(B) if the person has been convicted of
more than 1 offense described in subsection (b),
be imprisoned for up to 1 year and fined not
more than $100,000; or
‘‘(2) in the case of a second or subsequent offense,
be imprisoned for up to 10 years and fined not more
than $100,000.
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‘‘(j) RELEASE
OF INFORMATION.—The information
collected by the FBI under this section shall be disclosed
by the FBI—
‘‘(1) to Federal, State, and local criminal justice
agencies for—
‘‘(A) law enforcement purposes; and
‘‘(B) community notification in accordance
with section 170101(d)(3); and
‘‘(2) to Federal, State, and local governmental
agencies responsible for conducting employment-relat-
ed background checks under section 3 of the National
Child Protection Act of 1993 (42 U.S.C. 5119a).’’.
‘‘(k) NOTIFICATION UPON RELEASE.—Any state not
having established a program described in 170102(a)(3)
must—
‘‘(1) upon release from prison, or placement on
parole, supervised release, or probation, notify each
offender who is convicted of an offense described in
subparagraph (A) or (B) of section 170101(a)(1) of
their duty to register with the FBI; and
‘‘(2) notify the FBI of the release of each offender
who is convicted of an offense described in subpara-
graph (A) or (B) of section 170101(a)(1).’’.
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SEC. 4. DURATION OF STATE REGISTRATION REQUIRE-
MENT.
Section 170101(b)(6) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14071(b)(6)) is
amended to read as follows:
‘‘(6) LENGTH OF REGISTRATION.—A person re-
quired to register under subsection (a)(1) shall con-
tinue to comply with this section, except during ensu-
ing periods of incarceration, until—
‘‘(A) 10 years have elapsed since the person
was released from prison or placed on parole, su-
pervised release, or probation; or
‘‘(B) for the life of that person if that per-
son—
‘‘(i) has 1 or more prior convictions for
an offense described in subsection (a)(1)(A);
or
‘‘(ii) has been convicted of an aggra-
vated 
offense 
described 
in 
subsection
(a)(1)(A); or
‘‘(iii) has been determined to be a sexu-
ally violent predator pursuant to subsection
(a)(2).’’.
SEC. 5. STATE BOARDS.
Section 170101(a)(2) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14071(a)(2)) is
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amended by inserting before the period at the end the follow-
ing: ‘‘, victim rights advocates, and representatives from
law enforcement agencies’’.
SEC. 6. FINGERPRINTS.
Section 170101 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071) is amended by
adding at the end the following new subsection:
‘‘(g) FINGERPRINTS.—Each requirement to register
under this section shall be deemed to also require the sub-
mission of fingerprints of the person required to register,
obtained in accordance with regulations prescribed by the
Attorney General under section 170102(h).’’.
SEC. 7. VERIFICATION.
Section 170101(b)(3)(A)(iii) of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (42 U.S.C.
14071(b)(3)(A)(iii)) is amended by adding at the end the
following: ‘‘The person shall include with the verification
form, fingerprints and a photograph of that person.’’.
SEC. 8. REGISTRATION INFORMATION.
Section 170101(b)(2) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14071(b)(2)) is
amended to read as follows:
‘‘(2) TRANSFER OF INFORMATION TO STATE AND
THE FBI.—The officer, or in the case of a person
placed on probation, the court, shall, within 3 days
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after receipt of information described in paragraph
(1), forward it to a designated State law enforcement
agency. The State law enforcement agency shall im-
mediately enter the information into the appropriate
State law enforcement record system and notify the
appropriate law enforcement agency having jurisdic-
tion where the person expects to reside. The State law
enforcement agency shall also immediately transmit
all information described in paragraph (1) to the
Federal Bureau of Investigation for inclusion in the
FBI database described in section 170102.’’.
SEC. 9. IMMUNITY FOR GOOD FAITH CONDUCT.
State and Federal law enforcement agencies, employees
of State and Federal law enforcement agencies, and State
and Federal officials shall be immune from liability for
good faith conduct under section 170102.
SEC. 10. REGULATIONS.
Not later than 1 year after the date of enactment of
this Act, the Attorney General shall issue regulations to
carry out this Act and the amendments made by this Act.
SEC. 11. EFFECTIVE DATE.
(a) IN GENERAL.—This Act and the amendments
made by this Act shall become effective 1 year after the date
of enactment of this Act.
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(b) COMPLIANCE BY STATES.—Each State shall imple-
ment the amendments made by sections 3, 4, 5, 6, and 7
of this Act not later than 3 years after the date of enactment
of this Act, except that the Attorney General may grant an
additional 2 years to a State that is making good faith
efforts to implement such amendments.
SEC. 12. SEVERABILITY.
If any provision of this Act, an amendment made by
this Act, or the application of such provision or amendment
to any person or circumstance is held to be unconstitu-
tional, the remainder of this Act, the amendments made by
this Act, and the application of the provisions of such to
any person or circumstance shall not be affected thereby.
SEC. 13. COMPUTER CRIME.
Section 1030 of title 18, United States Code, is amend-
ed—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘knowingly accesses’’
and inserting ‘‘having knowingly accessed’’;
(ii) by striking ‘‘exceeds’’ and inserting
‘‘exceeding’’;
(iii) by striking ‘‘obtains information’’
and inserting ‘‘having obtained informa-
tion’’;
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(iv) by striking ‘‘the intent or’’;
(v) by striking ‘‘is to be used’’ and in-
serting ‘‘could be used’’; and
(vi) by inserting before the semicolon
at the end the following: ‘‘willfully commu-
nicates, delivers, transmits, or causes to be
communicated, delivered, or transmitted, or
attempts to communicate, deliver, transmit
or cause to be communicated, delivered, or
transmitted the same to any person not en-
titled to receive it, or willfully retains the
same and fails to deliver it to the officer or
employee of the United States entitled to re-
ceive it’’;
(B) in paragraph (2)—
(i) by striking ‘‘obtains information’’
and inserting ‘‘obtains—
‘‘(A) information’’; and
(ii) by adding at the end the following
new subparagraphs:
‘‘(B) information from any department or
agency of the United States; or
‘‘(C) information from any protected com-
puter if the conduct involved an interstate or for-
eign communication;’’;
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(C) in paragraph (3)—
(i) by inserting ‘‘nonpublic’’ before
‘‘computer of a department or agency’’;
(ii) by striking ‘‘adversely’’; and
(iii) by striking ‘‘the use of the Govern-
ment’s operation of such computer’’ and in-
serting ‘‘that use by or for the Government
of the United States’’;
(D) in paragraph (4)—
(i) by striking ‘‘Federal interest’’ and
inserting ‘‘protected’’; and
(ii) by inserting before the semicolon
the following: ‘‘and the value of such use is
not more than $5,000 in any 1-year pe-
riod’’;
(E) by striking paragraph (5) and inserting
the following:
‘‘(5)(A) knowingly causes the transmission of a
program, information, code, or command, and as a
result of such conduct, intentionally causes damage
without authorization, to a protected computer;
‘‘(B) intentionally accesses a protected computer
without authorization, and as a result of such con-
duct, recklessly causes damage; or
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‘‘(C) intentionally accesses a protected computer
without authorization, and as a result of such con-
duct, causes damage;’’; and
(F) by inserting after paragraph (6) the fol-
lowing new paragraph:
‘‘(7) with intent to extort from any person, firm,
association, educational institution, financial institu-
tion, government entity, or other legal entity, any
money or other thing of value, transmits in interstate
or foreign commerce any communication containing
any threat to cause damage to a protected computer;’’;
(2) in subsection (c)—
(A) in paragraph (1), by striking ‘‘such
subsection’’ each place that term appears and in-
serting ‘‘this section’’;
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) by inserting ‘‘, (a)(5)(C),’’
after ‘‘(a)(3)’’; and
(II) by striking ‘‘such subsection’’
and inserting ‘‘this section’’;
(ii) by redesignating subparagraph (B)
as subparagraph (C);
(iii) by inserting immediately after
subparagraph (A) the following:
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‘‘(B) a fine under this title or imprison-
ment for not more than 5 years, or both, in the
case of an offense under subsection (a)(2), if—
‘‘(i) the offense was committed for pur-
poses of commercial advantage or private fi-
nancial gain;
‘‘(ii) the offense was committed in fur-
therance of any criminal or tortious act in
violation of the Constitution or laws of the
United States or of any State; or
‘‘(iii) the value of the information ob-
tained exceeds $5,000;’’; and
(iv) in subparagraph (C) (as redesig-
nated)—
(I) by striking ‘‘such subsection’’
and inserting ‘‘this section’’; and
(II) by adding ‘‘and’’ at the end;
(C) in paragraph (3)—
(i) in subparagraph (A)—
(I) 
by 
striking 
‘‘(a)(4) 
or
(a)(5)(A)’’ 
and 
inserting 
‘‘(a)(4),
(a)(5)(A), (a)(5)(B), or (a)(7)’’; and
(II) by striking ‘‘such subsection’’
and inserting ‘‘this section’’; and
(ii) in subparagraph (B)—
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(I) by striking ‘‘(a)(4) or (a)(5)’’
and 
inserting 
‘‘(a)(4), 
(a)(5)(A),
(a)(5)(B), (a)(5)(C), or (a)(7)’’; and
(II) by striking ‘‘such subsection’’
and inserting ‘‘this section’’; and
(D) by striking paragraph (4);
(3) in subsection (d), by inserting ‘‘subsections
(a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6)
of’’ before ‘‘this section.’’;
(4) in subsection (e)—
(A) in paragraph (2)—
(i) by striking ‘‘Federal interest’’ and
inserting ‘‘protected’’;
(ii) in subparagraph (A), by striking
‘‘the use of the financial institution’s oper-
ation or the Government’s operation of such
computer’’ and inserting ‘‘that use by or for
the financial institution or the Govern-
ment’’; and
(iii) by striking subparagraph (B) and
inserting the following:
‘‘(B) which is used in interstate or foreign
commerce or communication;’’;
(B) in paragraph (6), by striking ‘‘and’’ at
the end;
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(C) in paragraph (7), by striking the period
at the end and inserting ‘‘; and’’; and
(D) by adding at the end the following new
paragraphs:
‘‘(8) the term ‘damage’ means any impairment
to the integrity or availability of data, a program, a
system, or information, that—
‘‘(A) causes loss aggregating at least $5,000
in value during any 1-year period to one or
more individuals;
‘‘(B) modifies or impairs, or potentially
modifies or impairs, the medical examination,
diagnosis, treatment, or care of one or more in-
dividuals;
‘‘(C) causes physical injury to any person;
or
‘‘(D) threatens public health or safety; and
‘‘(9) the term ‘government entity’ includes the
Government of the United States, any State or politi-
cal subdivision of the United States, any foreign
country, and any state, province, municipality, or
other political subdivision of a foreign country.’’; and
(5) in subsection (g)—
(A) by striking ‘‘, other than a violation of
subsection (a)(5)(B),’’; and
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(B) by striking ‘‘of any subsection other
than 
subsection 
(a)(5)(A)(ii)(II)(bb) 
or
(a)(5)(B)(ii)(II)(bb)’’ and inserting ‘‘involving
damage as defined in subsection (e)(8)(A)’’.
SEC. 14. CHILD PROTECTION ACT AMENDMENTS.
Section 3(e) of the National Child Protection Act of
1993 (42 U.S.C. 5119a(e)) is amended to read as follows:
‘‘(e) FEES.—
‘‘(1) IN GENERAL.—The fees collected by the au-
thorized State agencies and the Federal Bureau of In-
vestigation, respectively, may not exceed—
‘‘(A) $5, or 50 percent of the actual cost,
whichever is greater, of the background check
conducted with fingerprints in relation to a
background check conducted pursuant to a State
requirement adopted after September 1, 1996,
with respect to a volunteer provider; and
‘‘(B) $18, or the actual cost, whichever is
less, of the background check conducted with fin-
gerprints, plus any surcharge charged pursuant
to paragraph (2) in relation to a background
check conducted pursuant to a State requirement
adopted after September 1, 1996, with respect to
a nonvolunteer provider.
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‘‘(2) USER FEE SURCHARGE.—In the case of a
background check conducted pursuant to a State re-
quirement adopted after September 1, 1996, with re-
spect to a nonvolunteer provider, a special user fee
surcharge for the background check may be collected
by the authorized State agencies and the Federal Bu-
reau of Investigation, in an amount equal to not
more than 75 percent of the fee charged pursuant to
paragraph (1)(B).’’.