[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2194 Introduced in House (IH)]







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 
   Florida, 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 Representatives 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 information 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 information described 
in subsection (a)(2), and without charging 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 service.
            ``(3) A warning that information received pursuant to such 
        request may not be misused, as described in subsection (e), and 
        notice of the penalties for such misuse of the information.
            ``(4) A warning that the service is not be available 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 described 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 operation of the service.
            ``(4) Surplus funds from fees.--With respect to any money 
        remaining after the payment of the expenses of the operation of 
        the service, the Attorney 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 violates 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 
        described in subsection (a)(2) is sought.
            ``(2) Person.--The term `person' means a person who 
        requests the information described in subsection (a)(2).
            ``(3) Individual.--The term `individual' means an 
        individual who is required to register under this subtitle.''.
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