I
105TH CONGRESS
1ST SESSION
H. R. 2194
To provide for telephone access to the FBI database that tracks the movement
and whereabouts of sexual offenders.
IN THE HOUSE OF REPRESENTATIVES
JULY 17, 1997
Mr. SHERMAN (for himself, Mr. LIPINSKI, Mr. FROST, Mr. HASTINGS of Flor-
ida, Mr. WALSH, Ms. LOFGREN, Mrs. KELLY, Mr. ABERCROMBIE, Mr.
LAFALCE, Ms. MILLENDER-MCDONALD, Mr. MCKEON, Mr. KLINK, Mr.
DAVIS of Illinois, Mr. BURR of North Carolina, Mr. BILBRAY, Mr.
FRANKS of New Jersey, Mr. TORRES, Mr. BROWN of California, Ms.
HARMAN, Mr. FAZIO of California, Ms. ROS-LEHTINEN, Ms. CARSON,
Mr. DIAZ-BALART, Mr. BEREUTER, Mr. ENGLISH of Pennsylvania, Mr.
GALLEGLY, and Mr. SANDLIN) introduced the following bill; which was
referred to the Committee on the Judiciary
A BILL
To provide for telephone access to the FBI database that
tracks the movement and whereabouts of sexual offenders.
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 ‘‘Child Protection Act
of 1997’’.
SEC. 2. ESTABLISHMENT OF TELEPHONE ACCESS TO
DATABASE.
Subtitle A of title XVII of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14071 et
seq.) is amended by adding at the end the following new
section:
‘‘SEC. 170103. TELEPHONE ACCESS TO FBI DATABASE.
‘‘(a) ESTABLISHMENT.—(1) The Attorney General
shall establish, publicize, and operate a national telephone
service by which a person (as defined in subsection (f)(2))
may request the information described in paragraph (2).
‘‘(2) The information described in this paragraph is
whether an individual (as defined in subsection (f)(3)),
other than a victim of an offense that requires registration
under this subtitle, is listed in the database established
under section 170102.
‘‘(b) DESCRIPTION OF INDIVIDUAL.—The Attorney
General shall not disclose the information described in
subsection (a)(2) unless the person seeking such informa-
tion provides his or her full name, the full name of the
individual, and one or more of the following:
‘‘(1) The address of the individual’s residence.
‘‘(2) The individual’s Social Security number.
‘‘(3) The individual’s driver’s license number or
the number the identification card issued by State or
local authorities in lieu of a driver’s license.
‘‘(4) The individual’s date of birth.
‘‘(5) Such other information as the Attorney
General determines to be appropriate for purposes of
identification of the individual.
‘‘(c) NOTICE TO CALLER.—Prior to disclosing infor-
mation described in subsection (a)(2), and without charg-
ing a fee for the same, the Attorney General shall provide
the following general information in the form of a recorded
message:
‘‘(1) The requirements described in subsection
(b).
‘‘(2) The fee for the use of the telephone serv-
ice.
‘‘(3) A warning that information received pur-
suant to such request may not be misused, as de-
scribed in subsection (e), and notice of the penalties
for such misuse of the information.
‘‘(4) A warning that the service is not be avail-
able to persons under 18 years of age.
‘‘(5) Such other information as the Attorney
General determines to be appropriate.
‘‘(d) FEES FOR USE OF SERVICE.—
‘‘(1) FEE
FOR
ACCESS
TO
INFORMATION
IN
DATABASE.—The Attorney General shall charge a
fee for each use of the service for information de-
scribed in subsection (a) from the service.
‘‘(2) LIMITATION ON NUMBER OF REQUESTS.—
A person may not make more than two requests for
such information per use of the service.
‘‘(3) USE OF FEES TO DEFRAY EXPENSES OF
SERVICE.—Moneys received under paragraph (1)
shall be used to pay for the expenses of the oper-
ation of the service.
‘‘(4) SURPLUS FUNDS FROM FEES.—With re-
spect to any money remaining after the payment of
the expenses of the operation of the service, the At-
torney General shall—
‘‘(A) deposit such money in the general
fund of the Treasury; or
‘‘(B) use such money to reduce the amount
of the fee charged under this subsection.
‘‘(e) PENALTIES FOR MISUSE OF INFORMATION.—
‘‘(1) PROHIBITIONS.—Whoever, having obtained
information described in subsection (a)(2) from the
service, knowingly uses such information—
‘‘(A) for any purpose other than to protect
a minor at risk; or
‘‘(B) with respect to insurance, housing, or
any other use that the Attorney General may
determine—
‘‘(i) is unnecessary for the protection
of a minor at risk or;
‘‘(ii) which creates a disproportionate
prejudicial effect,
shall be punished as provided in paragraph (2).
‘‘(2) CIVIL PENALTY.—Each person who vio-
lates the provisions of paragraph (1) shall be subject
to a civil penalty imposed by the Attorney General
of not more than $1,000 for each violation.
‘‘(f) DEFINITIONS.—As used in this section:
‘‘(1) MINOR AT RISK.—The term ‘minor at risk’
means a minor, as that term is defined in section
2256(1) of title 18, United States Code, who is or
may be in danger of becoming a victim of an offense,
for which registration is required under this subtitle,
by an individual about whom the information de-
scribed in subsection (a)(2) is sought.
‘‘(2) PERSON.—The term ‘person’ means a per-
son who requests the information described in sub-
section (a)(2).
‘‘(3) INDIVIDUAL.—The term ‘individual’ means
an individual who is required to register under this
subtitle.’’.
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