[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1533 Reported in Senate (RS)]





                                                       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
                                                       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 Representatives 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 Tracking and 
Identification Act of 1996''.

SEC. 3. OFFENDER REGISTRATION.

    (a) Establishment of FBI Database.--Subtitle A of title XVII 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 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 `predatory' have the same 
        meanings as in section 170101(a)(3); and
            ``(3) the term `minimally sufficient sexual offender 
        registration program' means any State sexual offender 
        registration program that--
                    ``(A) requires the registration of each offender 
                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
                    ``(D) requires that each person who is required to 
                register under subparagraph (A) shall do so for a 
                period of not less than 10 years beginning on the date 
                that such person was released from prison or placed on 
                parole, supervised release, or probation.
    ``(b) Establishment.--The Attorney General shall establish a 
national database at the Federal Bureau of Investigation 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 sexually 
        violent offense; and
            ``(3) each person who is a sexually violent predator.
    ``(c) Registration Requirement.--Each person described in 
subsection (b) who resides in a State that has not established a 
minimally sufficient sexual offender registration program shall 
register a current address, fingerprints of that person, and a current 
photograph of that person with the FBI for inclusion in the database 
established under subsection (b) for the time period specified under 
subsection (d).
    ``(d) Length of Registration.--A person described in subsection (b) 
who is required to register under subsection (c) shall, except during 
ensuing periods of incarceration, 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 offense 
                described in subsection (b);
                    ``(B) has been convicted of aggravated sexual 
                abuse, as defined in section 2241 of title 18, United 
                States Code, or in a comparable provision 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 offense.--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 subsection 
        (d), verify the person's address in accordance with guidelines 
        that shall be promulgated by the Attorney General. Such 
        guidelines shall ensure that address verification is 
        accomplished with respect to these individuals and shall 
        require the submission of fingerprints and photographs of the 
        individual.
            ``(2) Sexually violent predators.--Paragraph (1) shall 
        apply to a person described in subsection (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 person.
    ``(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 Residence.--
            ``(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, including the initial 
        establishment of a residence immediately following release from 
        prison, or placement on parole, supervised release, or 
        probation, by a person required to register under subsection 
        (c) shall be reported to the FBI not later than 10 days after 
        that person establishes a new residence.
            ``(3) Individual registration requirement.--A person 
        required to register under subsection (c) or under a minimally 
        sufficient offender registration program, including a program 
        established under section 170101, who changes address to a 
        State other than the State in which the person resided at the 
        time of the immediately preceding registration shall, not later 
        than 10 days after that person establishes a new residence, 
        register a current address, 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, including a program established under 
        section 170101, is notified of a change of address by a person 
        required to register under such program within or outside of 
        such State, the State shall notify--
                    ``(A) the law enforcement officials of the 
                jurisdiction to which, and the jurisdiction from which, 
                the person has relocated; and
                    ``(B) the FBI.
            ``(5) Verification.--
                    ``(A) Notification of local law enforcement 
                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 agency 
                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 minimally 
                        sufficient sexual offender registration 
                        program, including a program established under 
                        section 170101, the State shall immediately 
                        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 
                                requirements 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 
                                requirements for entry into the file is 
                                issued in connection with the 
                                violation.
    ``(h) Fingerprints.--
            ``(1) In general.--
                    ``(A) FBI registration.--For each person required 
                to register under subsection (c), fingerprints shall be 
                obtained and verified by the FBI or a local law 
                enforcement official pursuant to regulations issued by 
                the Attorney General.
                    ``(B) State registration systems.--In a State that 
                has a minimally sufficient sexual offender registration 
                program, including a program established under section 
                170101, fingerprints 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 information 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.
    ``(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-related 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 subparagraph (A) or (B) of 
        section 170101(a)(1).''.

SEC. 4. DURATION OF STATE REGISTRATION REQUIREMENT.

    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 required to 
        register under subsection (a)(1) shall continue to comply with 
        this section, except during ensuing periods of incarceration, 
        until--
                    ``(A) 10 years have elapsed since the person was 
                released from prison or placed on parole, supervised 
                release, or probation; or
                    ``(B) for the life of that person if that person--
                            ``(i) has 1 or more prior convictions for 
                        an offense described in subsection (a)(1)(A); 
                        or
                            ``(ii) has been convicted of an aggravated 
                        offense described in subsection (a)(1)(A); or
                            ``(iii) has been determined to be a 
                        sexually 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 amended by inserting 
before the period at the end the following: ``, 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 submission 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 Control 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 after receipt of information 
        described in paragraph (1), forward it to a designated State 
        law enforcement agency. The State law enforcement agency shall 
        immediately enter the information into the appropriate State 
        law enforcement record system and notify the appropriate law 
        enforcement agency having jurisdiction 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.
    (b) Compliance by States.--Each State shall implement 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 unconstitutional, 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 amended--
            (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 information'';
                            (iv) by striking ``the intent or'';
                            (v) by striking ``is to be used'' and 
                        inserting ``could be used''; and
                            (vi) by inserting before the semicolon at 
                        the end the following: ``willfully 
                        communicates, 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 entitled 
                        to receive it, or willfully retains the same 
                        and fails to deliver it to the officer or 
                        employee of the United States entitled to 
                        receive 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 computer if 
                the conduct involved an interstate or foreign 
                communication;'';
                    (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 
                        Government's operation of such computer'' and 
                        inserting ``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 period'';
                    (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 conduct, recklessly 
        causes damage; or
            ``(C) intentionally accesses a protected computer without 
        authorization, and as a result of such conduct, causes 
        damage;''; and
                    (F) by inserting after paragraph (6) the following 
                new paragraph:
            ``(7) with intent to extort from any person, firm, 
        association, educational institution, financial institution, 
        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 inserting 
                ``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:
                    ``(B) a fine under this title or imprisonment 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 
                        purposes of commercial advantage or private 
                        financial gain;
                            ``(ii) the offense was committed in 
                        furtherance 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 
                        obtained exceeds $5,000;''; and
                            (iv) in subparagraph (C) (as 
                        redesignated)--
                                    (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)--
                                    (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 operation or 
                        the Government's operation of such computer'' 
                        and inserting ``that use by or for the 
                        financial institution or the Government''; 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;
                    (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 individuals;
                    ``(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 political 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
                    (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 authorized 
        State agencies and the Federal Bureau of Investigation, 
        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 fingerprints, 
                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.
            ``(2) User fee surcharge.--In the case of a background 
        check conducted pursuant to a State requirement adopted after 
        September 1, 1996, with respect to a nonvolunteer provider, a 
        special user fee surcharge for the background check may be 
        collected by the authorized State agencies and the Federal 
        Bureau of Investigation, in an amount equal to not more than 75 
        percent of the fee charged pursuant to paragraph (1)(B).''.