Union Calendar No. 146
105TH CONGRESS
1ST SESSION
H. R. 1683
[Report No. 105–256]
A BILL
To clarify the standards for State sex offender reg-
istration programs under the Jacob Wetterling
Crimes Against Children and Sexually Violent
Offender Registration Act.
SEPTEMBER 18, 1997
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 146
105TH CONGRESS
1ST SESSION
H. R. 1683
[Report No. 105–256]
To clarify the standards for State sex offender registration programs under
the Jacob Wetterling Crimes Against Children and Sexually Violent Of-
fender Registration Act.
IN THE HOUSE OF REPRESENTATIVES
MAY 20, 1997
Mr. MCCOLLUM (for himself, Ms. DUNN, Mr. DEAL of Georgia, Mr.
CUNNINGHAM, Mr. RAMSTAD, Mr. CASTLE, Mr. FOLEY, Mr. DIAZ-
BALART, Mr. LAMPSON, Mr. GUTKNECHT, Mr. SNOWBARGER, and Ms.
ROS-LEHTINEN) introduced the following bill; which was referred to the
Committee on the Judiciary
SEPTEMBER 18, 1997
Additional sponsors: Mr. PETERSON of Minnesota, Mrs. JOHNSON of
Connecticut, Mr. FROST, and Mr. NORWOOD
SEPTEMBER 18, 1997
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 20, 1997]
A BILL
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Jacob Wetterling Crimes
Against Children and Sexually Violent Offenders Registra-
tion 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 advo-
cates, and representatives of law enforcement
agencies.
‘‘(B) WAIVER.—The Attorney General may
waive the requirements of subparagraph (A) if
the Attorney General determines that the State
has established alternative procedures or legal
standards for designating a person as a sexually
violent predator.
‘‘(C) ALTERNATIVE MEASURES.—The Attor-
ney General may also approve alternative meas-
ures of comparable or greater effectiveness in
protecting the public from unusually dangerous
or recidivistic sexual offenders in lieu of the spe-
cific measures set forth in this section regarding
sexually violent predators.’’; and
(3) in paragraph (3)—
(A) in subparagraph (A), by striking ‘‘that
consists of—’’ and inserting ‘‘in a range of of-
fenses specified by State law which is comparable
to or which exceeds the following range of of-
fenses:’’;
(B) in subparagraph (B), by striking ‘‘that
consists of’’ and inserting ‘‘in a range of offenses
specified by State law which is comparable to or
which exceeds the range of offenses encompassed
by’’; and
(4) by adding at the end the following:
‘‘(F) The term ‘employed, carries on a voca-
tion’ includes employment that is full-time or
part-time for a period of time exceeding 14 days
or for an aggregate period of time exceeding 30
days during any calendar year, whether finan-
cially compensated, volunteered, or for the pur-
pose 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 institution,
including any secondary school, trade, or profes-
sional institution, or institution of higher edu-
cation.’’.
(b) REQUIREMENTS UPON RELEASE, PAROLE, SUPER-
VISED 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.—’’;
(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 another
responsible officer or official’’;
(ii) in clause (ii), by striking ‘‘give’’
and all that follows before the semicolon and
inserting ‘‘report the change of address 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 another
responsible officer or official’’;
(2) by striking paragraph (2) and inserting the
following:
‘‘(2) TRANSFER OF INFORMATION TO STATE AND
FBI; PARTICIPATION
IN
NATIONAL
SEX
OFFENDER
REGISTRY.—
‘‘(A) STATE REPORTING.—State procedures
shall ensure that the registration information is
promptly made available to a law enforcement
agency having jurisdiction where the person ex-
pects to reside and entered into the appropriate
State records or data system. State procedures
shall also ensure that conviction data and finger-
prints for persons required to register are
promptly transmitted to the Federal Bureau of
Investigation.
‘‘(B) NATIONAL REPORTING.—A State shall
participate in the national database established
under section 170102(b) in accordance with
guidelines issued by the Attorney General, in-
cluding transmission of current address informa-
tion 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
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 updated
address information is promptly made available to a
law enforcement agency having jurisdiction where the
person will reside and entered into the appropriate
State records or data system’’;
(5) in paragraph (5), by striking ‘‘shall register’’
and all that follows before the period at the end and
inserting ‘‘and who moves to another State, shall re-
port 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:
‘‘(7) REGISTRATION OF OUT-OF-STATE OFFEND-
ERS, FEDERAL OFFENDERS, PERSONS SENTENCED BY
COURTS MARTIAL, AND OFFENDERS CROSSING STATE
BORDERS.—As provided in guidelines issued by the
Attorney General, each State shall ensure that proce-
dures are in place to accept registration information
from—
‘‘(A) persons who were convicted in another
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 subsection
(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.’’.
(d) RELEASE OF INFORMATION.—Section 170101(e)(2)
of the Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14071(e)(2)), as redesignated 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: ‘‘ ‘predatory’,
‘employed, or carries on a vocation’, and ‘student’ ’’.
(2) Section 170102(a)(3) of the Violent Crime Control
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 com-
parable to or exceeds that’’ before ‘‘described’’;
(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 Attor-
ney 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 following:
‘‘(d) EFFECTIVE DATE.—States shall be allowed the
time specified in subsection (b) to establish minimally suffi-
cient 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 re-
lated regulations, shall take effect at the conclusion of the
time provided under this subsection for the establishment
of minimally sufficient sexual offender registration pro-
grams.’’.
(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 subsection
(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 pro-
vided to—
‘‘(A) the chief law enforcement officer of the
State and of the local jurisdiction in which the person
will reside; and
‘‘(B) a State or local agency responsible for the
receipt or maintenance of sex offender registration in-
formation 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.
‘‘(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 requirement 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 sen-
tenced to probation, notice shall be provided promptly by
the probation officer responsible for the supervision of the
person, or in a manner specified by the Director of the Ad-
ministrative Office of the United States Courts. Notice con-
cerning a subsequent change of residence by a person de-
scribed in paragraph (4) during any period of probation,
supervised release, or parole shall also be provided to the
agencies and officers specified in paragraph (1) by the pro-
bation officer responsible for the supervision of the person,
or in a manner specified by the Director of the Administra-
tive 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 registration
requirement as a sex offender in any State in which 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 En-
forcement Act of 1994), and the same information shall be
provided to a person described in paragraph (4) who is sen-
tenced to probation by the probation officer responsible for
supervision of the person or in a manner specified by the
(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 nu-
merical 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:
‘‘(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 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).’’.
(D) Section 3583(d) of title 18, United States Code,
is amended by inserting after the second sentence the follow-
ing: ‘‘The court shall order, as an explicit condition of su-
pervised release for a person described in section 4042(c)(4),
that the person report the address where the person will re-
side and any subsequent change of residence to the proba-
tion 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 cer-
tain individuals, is amended by inserting after the first sen-
tence the following: ‘‘In every case, the Commission 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 resi-
dence to the probation officer responsible for supervision,
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 Enforcement Act of
1994).’’.
(3)(A) The Secretary of Defense shall specify categories
of conduct punishable under the Uniform Code of Military
Justice which encompass a range of conduct comparable 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 con-
duct as the Secretary deems appropriate for inclusion for
purposes of this paragraph.
(B) In relation to persons sentenced by a court martial
for conduct in the categories specified under subparagraph
(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
(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 ex-
tent practicable, be consistent with those specified for Fed-
eral offenders under the amendments made by paragraphs
(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 concerning
registration obligations under the procedures specified 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 require-
ments as convicted offenders under Federal or State
law, including prescribing alternative procedures to
those otherwise provided by Federal or State law for
registration and tracking of such persons; and’’.
SEC. 3. SENSE OF CONGRESS AND REPORT RELATING TO
STALKING LAWS.
(a) SENSE OF CONGRESS.—It is the sense of Congress
that each State should have in effect a law that makes it
a crime to stalk any individual, especially children, without
requiring that such individual be physically harmed or ab-
ducted before a stalker is restrained or punished.
(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 enactment
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 enactment
of this Act; and
(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.