[Congressional Record Volume 142, Number 134 (Wednesday, September 25, 1996)]
[House]
[Pages H11130-H11135]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  PAM LYCHNER SEXUAL OFFENDER TRACKING AND IDENTIFICATION ACT OF 1996

  Mr. McCOLLUM. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3456) to provide for the nationwide tracking of convicted 
sexual predators, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3456

       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 ``Pam Lychner Sexual Offender 
     Tracking and Identification Act of 1996''.

     SEC. 2. 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.

[[Page H11131]]

       ``(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 
     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--

       ``(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) 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.
       ``(2) 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 section 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. 3. 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. 4. 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. 5. 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 a set of fingerprints of the person required to register, 
     obtained in accordance with regulations prescribed by the 
     Attorney General under section 170102(h).''.

     SEC. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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.
       (c) Ineligibility for Funds.--
       (1) A State that fails to implement the program as 
     described in section 3, 4, 5, 6, and 7 of this Act shall not 
     receive 10 percent of the funds that would otherwise be 
     allocated to the State under section 506 of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3765).
       (2) Any funds that are not allocated for failure to comply 
     with section 3, 4, 5, 6, or 7 of this Act shall be 
     reallocated to States that comply with these sections.

     SEC. 11. 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida [Mr. McCollum] and the gentlewoman from California [Ms. 
Lofgren] each will control 20 minutes.
  The Chair recognizes the gentleman from Florida [Mr. McCollum].


                             general leave

  Mr. McCOLLUM. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on H.R. 3456.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.

[[Page H11132]]

  Mr. McCOLLUM. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3456 is the Sexual Offender Tracking and 
Identification Act of 1996. It is an important piece of legislation 
that builds on previous efforts of this Congress to ensure that 
reliable records are available to keep track of convicted sexual 
predators. H.R. 3456 amends the Jacob Wetterling Act of 1994 which 
requires the States to set up sex offender registry programs which 
require child sex offenders to register their addresses and other 
pertinent information with local law enforcement upon release from 
prison. I am pleased to report that since enactment of the Wetterling 
Act, all 50 States have developed sex offender registration programs 
and the District of Columbia is expected to follow suit this month.
  The States have taken this issue quite seriously and should be 
commended. But despite these efforts, some child sex offenders are 
slipping through the cracks. Fifty-one individual State sex offender 
registration programs would be sufficient if sex offenders never moved 
out of State. Unfortunately, they do. These offenders tend to be 
particularly transient individuals and have already found ways of 
getting lost in the paperwork by simply crossing State lines. Moreover, 
although the Wetterling Act requires States to forward copies of their 
registry information to the FBI, essentially nothing is done with the 
information. Because the FBI was not directed to do so, it has not 
taken a proactive stance in obtaining this information. It is simply a 
receptacle.
  Mr. Speaker, I think it has become clear that while the Wetterling 
Act has significantly improved our ability to keep track of convicted 
sex offenders, there are new obstacles that must be addressed. H.R. 
3456, the Sexual Offender Tracking and Identification Act of 1996, will 
do just that.
  The sponsor of this bill, the gentleman from New Jersey [Mr. Zimmer], 
deserves special recognition for his years of work to implement Federal 
and State recordkeeping procedures for child sex predators. Mr. Zimmer 
was instrumental in fighting for final passage of the Jacob Wetterling 
Act in 1994, and was the original sponsor of Megan's Law, a bill this 
Congress passed earlier this session which strengthened community 
notification laws with regard to registered sex offenders. H.R. 3456, 
Sexual Offender Tracking and Identification Act of 1996 is yet another 
step to strengthen these efforts.

  Mr. Speaker, let me briefly describe what the bill does: H.R. 3456 
establishes a national database, using existing FBI criminal record 
keeping systems, to keep track of individuals who have been convicted 
of sexual offenses against minors or other sexually violent offenses, 
and who have completed their prison sentences. This initiative will 
ensure that these offenders, who have a recidivism rate estimated to be 
10 times greater than other criminals, will be tracked by State 
authorities, and, as they move from State to State, by the FBI. If an 
offender fails to register at any time, he will be subjected to tougher 
penalties and--with the help of the FBI's national ``Wanted Persons 
Index''--be brought to justice.
  Now, as some of you may recall, on August 24, 1996, President Clinton 
issued an Executive Order to the Attorney General to begin work on a 
Sex Offender Registry Network which is very similar to the type of 
national database program proposed in H.R. 3456. This presidential 
directive will ensure that the Justice Department and the FBI have a 
national network operational in 6 months. I commend the President on 
his commitment to this issue. However, this directive is only the first 
step. H.R. 3456 is a necessary component to the establishment of a 
national system and will serve to compliment and even strengthen the 
President's Executive Order. In addition, unlike the President's 
proposal, H.R. 3456 improves verification procedures by requiring 
offenders to provide fingerprints and a photo in addition to the signed 
verification form required under current law and also establishes 
criminal penalties for failure to meet interstate registration 
requirements. H.R. 3456 has received strong support from the Department 
of Justice and the National Center for Missing and Exploited Children.
  Now, the bill in the form which is being considered today contains a 
few modifications from the bill as it was introduced. These 
modifications are largely technical and clarifying changes that were 
requested by the FBI. In addition, H.R. 3456, in the form that we are 
considering, is identical to the Senate version of the bill which 
passed by voice vote last July.
  Mr. Speaker, sexual offenders not only victimize the women and 
children upon which they prey, they victimize society as a whole. As a 
nation, we have depleted sense of trust and security because of these 
individuals. It is well recognized that sexual predators are remarkably 
clever and persistently transient. These offenders are not confined 
within State lines--neither should our efforts to keep track of them. 
By establishing a national registration program. H.R. 3456 will serve 
as an effective crime fighting tool for State and Federal law 
enforcement across the country. Again, I commend the gentleman from New 
Jersey [Mr. Zimmer] for sponsoring this bill, and I urge my colleagues 
to support this measure.
  Mr. Speaker, I reserve the balance of my time.
  Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of this bill. Mr. Speaker, I support this 
legislation, which strengthens and improves the Jacob Wetterling Crimes 
Against Children and Sexually Violent Offender Registration Act.
  The Jacob Wetterling Act, enacted as part of the 1994 crime bill, 
requires states to enact laws to register and track criminals who are 
the most violent, the most horrible and the least likely to be 
rehabilitated--criminals who attack children and who are sexually 
violent predators.
  Since the enactment of Jacob Wetterling, states have made great 
progress in building effective tracking systems. To make sure that 
these criminals are tracked however, this legislation does three 
important things:
  First, it creates a nationwide system that will help state and local 
law enforcement track offenders as they move from state to state;
  Second, while most States have established or are about to establish 
tracking systems, this legislation will ensure that there is no place--
no one state--where sexual predators can hide and not register. This 
system will track all offenders even if a specific state does not track 
such criminals.
  Finally, this legislation ensures that the most serious predators 
will be registered with law enforcement officials for the rest of their 
lives.
  This legislation works by requiring all offenders to verify their 
addresses on a regular basis by returning verification cards with their 
fingerprints and a recent photograph. A nationwide warning will be 
issued whenever an offender fails to verify his address or when an 
offender cannot be located. There are also tough penalties for 
offenders who deliberately fail to register.
  I am pleased that we have worked in a bipartisan fashion to protect 
our Nation's children from sexual predators, and I urge my colleagues 
to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McCOLLUM. Mr. Speaker, I yield such time as he may consume to the 
gentleman from New Jersey [Mr. Zimmer], the author of this bill.
  Mr. ZIMMER. I thank the gentleman for yielding time to me, and I 
thank him for his expeditious consideration of this legislation and for 
his concern, which stretches back for years, for the problem of sexual 
predators and the need to track their movements and to notify 
communities of their whereabouts.
  Mr. Speaker, we have all heard some of the chilling stories. In 
Arlington, TX, Amber Hagerman was dragged from her bicycle and never 
seen alive again. Police have no suspects, but they think the crime was 
committed by a sexual predator. In California, 12-year-old Polly Klaas 
was abducted from her own bedroom and brutally murdered. Her killer had 
been out on parole 3 months, and twice before had been arrested for 
kidnaping.
  In Manalapan Township, NJ, little Amanda Wengert was murdered by a 
previously convicted sex offender, and in Hamilton Township, NJ, 7-
year-old

[[Page H11133]]

Megan Kanka was raped and murdered, allegedly by a twice-convicted sex 
offender who lived across the street from her family.
  As evidenced by these tragic events, there is a need to arm 
communities with information about the whereabouts of previously 
convicted sex offenders. In many instances, lives could have been saved 
if only communities had known about these dangerous predators.
  After the death of Megan Kanka, her parents, Richard and Maureen 
Kanka, mobilized New Jersey and the entire Nation in the fight for 
community notification of the presence of sexual offenders. Had they 
known that an offender lived directly across the street from them, the 
Kankas would have been able to protect Megan from harm, and Megan would 
be alive today.
  On May 17, 2 years of hard work by Rich and Maureen Kanka reached 
their culmination when the President signed into law my Federal Megan's 
Law. As a result, local law enforcement agencies in all 50 States must 
now notify schools, day care centers, and parents, the people who need 
to know, about the presence of dangerous predators.
  But we still have to do more. We need to make sure that when sexual 
predators move from State to State, we do not lose track of them. All 
50 States have registration now. Forty-one have some sort of 
notification system, and 27 have active dissemination of this 
information to the public. But unless we make this a unified, seamless, 
national system, community notification will not be fully successful.
  My bill will establish a nationwide tracking system to keep tabs on 
sex offenders as they move from State to State, and provide a backup 
system for the States themselves. My legislation requires offenders to 
verify their address periodically by returning verification cards, 
along with their fingerprints. It requires a nationwide warning to be 
issued whenever the offender fails to verify his address or when the 
offender cannot be located.
  H.R. 3456 establishes tough penalties for offenders who willfully 
fail to register and keep up with their verification requirements, and 
requires the FBI to ensure local authorities are notified every time a 
sex offender moves into or out of the local jurisdiction.
  My bill continues to preserve State authority in determining exactly 
what sort of notification will be required when a sexual predator moves 
into the neighborhood.
  In July, the other body passed its own FBI sexual predator tracking 
bill, S. 1675, sponsored by Senators Gramm and Biden. My legislation, 
as amended, is identical to S. 1675. The amendments made in the 
Senate all make this a better bill. If we pass H.R. 3456 today, it will 
go directly to the President, who has pledged to sign it into law.

  Mr. Speaker, now that so many States have effective registration 
systems and tracking systems, we need to take the next step. We have to 
build a system where all movements of sexually violent child molesters 
can be tracked so that no predator can cross a State line and simply 
disappear.
  This, in fact, is exactly what happened in the case of the predator 
whose case was considered by the New Jersey State Supreme Court when it 
upheld the validity of our State Megan's Law. He left New Jersey, and 
although his lawyers may know his whereabouts, no one else does.
  I ask my colleagues to vote for H.R. 3456.
  Ms. LOFGREN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from North Carolina [Mr. Watt], a distinguished member of the 
Committee on the Judiciary.
  Mr. WATT of North Carolina. Mr. Speaker, I thank my colleague from 
California for yielding me time to debate this bill.
  Mr. Speaker, I rise in opposition to the bill. I guess I could sit 
quietly. This bill is on suspension. I am sure it will pass. I know 
that I am swimming against the tide. But there are some things that I 
think need to be said about the bill, and this is not the first time I 
have said these things about these kinds of bills, so I feel compelled 
to say them.

                              {time}  1930

  I know that tomorrow when I get the messages off my machine in the 
office, there will be a line of messages from people saying that I have 
stood up and defended sex offenders and that I have just lost my mind 
on this bill. That always happens. But somebody needs to talk about 
what we are doing here and approach this with some degree of 
rationality. I hope that at least some people will appreciate how I 
approach it.
  First of all, this bill has not seen itself in the Committee on the 
Judiciary, which is where bills of this kind normally go for 
discussion. Not that the result would be any different. I would be the 
first to concede that if it had come to the Committee on the Judiciary, 
it would have been voted out and would have been reported to the floor 
favorably. But the bill in my opinion offends some sensibilities that 
we as U.S. citizens ought to be aware of.
  There are two principles I hold very dearly, because I have been 
taught about them for as long as I have been in the criminal justice 
system as a lawyer. First of all is that once a person pays their debt 
to society, they ought to have the opportunity to put the offense 
behind them and move on. Under this bill, as under all the Megan's Law 
bills, there is not that opportunity because the individuals are then, 
after they have paid their debt to society, required to register with 
somebody and be basically branded with a badge for the rest of their 
life under this bill, because this one says that the registration 
process must go on for life. It used to be 10 years. Now we are 
extending it to life under this bill.

  Second, if one does not register, that in and of itself becomes a 
crime under this bill, which subjects a person to a penalty of up to 1 
year in prison or $100,000, and subsequent offenses up to 10 years in 
prison and up to $100,000, even if the person has done absolutely 
nothing else to offend the system. They just simply did not register 
under this bill.
  Well, it offends me that failure to register should subject somebody 
to an additional penalty, be put in jail. They have not committed any 
crime against anybody. They just simply failed to be able to move on 
with their life.
  There is a second concern I have about the bill, and that is a 
constitutional provision which presumes that every American citizen is 
innocent of a crime until they are proven guilty. This bill presumes 
just the opposite. If a person is ever convicted of a sexual offense, 
for the rest of their life they are presumed guilty of some violation. 
They cannot move into a community and put that incident behind them. 
They cannot refuse to register without subjecting themselves to 
additional penalties.
  So the whole presumption of innocence goes by the board once a person 
commits some crime for which they have already been sentenced, served 
their time, paid their debt to society and yet somehow under this bill 
they are presumed guilty for the balance of their life. I think those 
two principles, in my estimation, are simply un-American.
  This can be politically popular. I am sure it is. I mean, Mr. Gramm 
and Mr. Biden, on opposite sides of the political fence. The President, 
I am sure, will sign the bill. Most of the public will say that this is 
something that we should not be concerned about, but I think we are 
going overboard and we are going further and further overboard the more 
we beat our chest and sound even tougher on these crimes, which in this 
bill simply happens to be, well, they did not register.
  I do not want a Government that requires me, or any citizen, to 
register. I think that is un-American, and I think it is something that 
we all ought to be concerned about. I appreciate the gentlewoman 
yielding me this time.
  Mr. McCOLLUM. Mr. Speaker, I yield myself 2 minutes.
  Mr. Speaker, I find what the gentleman said stated eloquently as the 
gentleman from North Carolina usually states it in his reservations 
about such legislation as this where we see differently, but I think he 
is being a little bit too creative with regard to the presumption of 
innocence comments he made. Remember that the person who is registering 
here and being registered, or required to register, is somebody who has 
been convicted of a sexual offense; could well be, probably has been, a 
child molester of some sort. That is not unlikely under this provision 
to be the case. And, frankly, that person has already been convicted 
and

[[Page H11134]]

this is really part of what the consequences are that go with being 
convicted of the acts that are delineated in the bill. And for better 
or for worse, the bottom line of why we need this legislation is that 
history shows us that people who commit these kind of crimes are likely 
to get out of jail and commit them again. It is not true that everybody 
does. But there is a high probability of that in many cases. And so 
consequently this is not punishment for some act that might occur in 
the future. This is an additional burden that somebody is going to bear 
as a result of the act that they have already committed and been 
convicted of. I would submit that the registration and in this case 
this bill's provision that give the FBI and so forth a chance to really 
follow these people across State lines is very, very important, and the 
gentleman from New Jersey should be commended for this, although 
notwithstanding I understand the gentleman from North Carolina's 
reservations.
  Mr. Speaker, I reserve the balance of my time.
  Ms. LOFGREN. Mr. Speaker, I yield myself 2 minutes.
  Mr. Speaker, I just want to say something briefly. I strongly believe 
that we ought to pass this bill, but I did want to say something about 
my colleague the gentleman from North Carolina [Mr. Watt], because, as 
he mentioned, it cannot be a popular position to stand up and speak 
what you think the Constitution calls out for. I disagree with him on 
the conclusion that he has reached and as the chairman has pointed out 
in this case, the presumption of innocence ends when the conviction is 
obtained under due process of law. I take the view of the gentleman 
from Florida [Mr. McCollum]. I do think the recidivism rate among child 
molesters is the highest of any crime. I frankly would prefer life 
sentences for those who would prey upon children in this way, but until 
that happens in every State, we are going to have to deal with people 
who have been released from prison and who still pose threats to 
children.
  So I did want to say that but also to note that the gentleman from 
North Carolina [Mr. Watt], although I do not agree with him on this 
issue, has certainly shown integrity in standing up for what he 
believes the Constitution requires.
  Mr. Speaker, I yield such time as she may consume to the gentlewoman 
from Texas [Mrs. Jackson-Lee], a distinguished member of the Committee 
on the Judiciary.
  (Ms. JACKSON-LEE of Texas asked and was given permission to revise 
and extend her remarks.)
  Ms. JACKSON-LEE of Texas. I thank the gentlewoman from California for 
her leadership on these issues. We have worked together in Judiciary, 
and I thank the chairman for bringing this legislation, and I thank the 
chairman for bringing this legislation, and to the gentleman from New 
Jersey [Mr. Zimmer], and the bipartisan spirit that it has been 
brought.
  The gentleman from New Jersey in his presentation offered a litany, a 
very tragic litany, a rollcall, if you will, of the lives of children 
lost around the Nation. He cited those names which many of us know 
because of the large amount of publicity that was given to these 
individuals. But for every one of those children, I imagine any one of 
us could go to our communities and cite just enormous tragedies that 
have occurred by those pedophiles, sexual offenders who have preyed 
upon children.
  What comes to mind is, again in my community, the tragedy of a 
Monique Miller. She was 4 years old. The individual who was charged 
with the sex crime, the vicious murder that resulted in her death, was 
someone who was mentally challenged, if you will. And, of course, part 
of the defense did raise the question of this person's inability to 
understand what they had done.
  Monique Miller, however, is dead. And in the course of the loss of 
her life, it was a very tragic and brutal killing. It was only after 
three or four trials that this individual was ultimately convicted. Can 
you imagine the experience of that parent who time after time to appear 
in that courtroom just to get a conviction?
  I want to laws on this country to work. I believe that anyone accused 
of a crime should have due process, be treated fairly in the court 
system. But sexual predators who have been convicted of the most 
violent sexual offenses or are a repeat child sexual offender remain a 
threat even after they may have served their prison sentences. And I 
might say that the murderer of Monique Miller, no matter how long his 
time may be in prison, will remain a threat to this society.
  It is a known fact that the scientific community has concluded that 
most pedophiles cannot control themselves. Some have even admitted it 
themselves. In fact, we have another very massively publicized incident 
in Texas where one of the pedophiles who was about to be released asked 
to be castrated. This is not a time on the floor of the House that I 
wish to debate that procedure, and I am not suggesting it, advocating 
it or encouraging it. I am saying that was a pedophile, an offender who 
himself wanted some procedure to occur because he felt he could not 
control himself. So, therefore, we are responsible as legislators to 
control these individuals and to safeguard our childern after these 
individuals leave the prison.

  This bill would expand the tracking of those individuals by 
establishing a nationwide system managed by the FBI. That system would 
be made available for access by Federal, State, and local law 
enforcement officials. These sexual offenders will be required to 
register with this nationwide system. If they move, we do not lose 
them. We are able to track them. We will be able to again notify the 
system of their whereabouts. If they fall to do so, they face a stiff 
punishment.
  It is more tragic than having these individuals be required to 
register for an innocent community to be preyed upon by this individual 
who cannot control their vicious desires. Thus the data base would 
track all intrastate and interstate movements of sex offenders, even 
States that have no offender registration. Let me commend the author of 
this legislation for his persistence. These offenders would provide the 
system with their fingerprints and photographs.
  Let me say this: Anyone that moves into a community, that has been 
reborn, no longer has the desire, can live in peace. This legislation 
does not go out and seek individuals who have been released to disrupt 
their lives. What it does say, however, is that the commuity is 
notified, and the community is, in fact, the controller of our society 
and our environment. Why should they not have information that may 
disrupt their environment, their community, their children?
  If this individual is in fact someone who has made amend, someone who 
has sought forgiveness and repentance, someone who is born again, then 
that person will live in peace in this community. But if they are not, 
if this sickness still preys upon their mind and they pose a threat, 
with this legislation I would simply say thank God that the local Law 
enforcement will not be left hapless and helpless, without any way to 
seek and to find this predator that now is in the community.
  Violent sexual predators, repeat child abusers and repeat sex 
offenders will be in the system for life under this act. That only 
makes sense in light of the facts before us. Again let me say that I 
considered the idea of a reasoned civil libertarian response to 
following people to travel freely in this Nation.

                              {time}  1945

  I think it is important that we stand on the side of civil liberties. 
But when I think of an innocent child, one who cannot defend herself or 
himself, one who cannot speak for themselves, one who may be torn away 
from the parent, torn away from the custodian, torn away from the 
guardian, who is now with someone who preys upon them, then my voice 
raises for that innocent child against that violent sex offender, 
against that child abuser, against that murderer. In fact, my voice 
rises for all of the innocent children in this county. It rises for 
Monique Miller in my community and all other children that this 
legislation is the right way to go, the best way to go, to protect 
further our children in this Nation.
  Mr. Speaker, I rise today in support of this bill. It will allow 
local communities and the FBI to track some of the worst elements of 
our society. Sexual predators who have been convicted for the most 
violent sexual offenses or are a repeat child sexual offender remain a

[[Page H11135]]

threat even after they may have served their prison sentences. The 
scientific community has concluded that most pedophiles can not control 
themselves. Some have even admitted it themselves. Their whereabouts 
after the leave prison therefore needs to be tracked to safeguard the 
children in the communities where they live.
  This bill amends the 1994 crime law which now allows for the 
registration and tracking of offenders who have committed such crimes 
against children or sexually violent crimes. The bill would expand the 
tracking of those individuals by establishing a nationwide system 
managed by the FBI. That system would be made available for access by 
Federal, State, and local law enforcement officials.
  These sexual offenders will be required to register with this 
nationwide system. If they moved, they would be again required to 
notify the system of their whereabouts. And if they fail to do so, they 
face stiff punishment.
  Thus, the database would track all intrastate and interstate 
movements of sex offenders, even into States that have no offender 
registration. These offenders would provide the system with their 
fingerprints and photographs. The FBI can then release the information 
to local authorities where the offenders live.
  Violent sexual predators, repeat child abusers and repeat sex 
offenders will be in the system for life under this act. That only 
makes sense in light of the facts before us. This is an important piece 
of legislation that can directly protect innocent lives and I urge my 
colleagues to vote for H.R. 3456.
  Ms. LOFGREN. Mr. Speaker, I have no further speakers, and I yield 
back the balance of my time.
  Mr. McCOLLUM. Mr. Speaker, I have no further requests for the time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Dickey). The question is on the motion 
offered by the gentleman from Florida [Mr. McCollum] that the House 
suspend the rules and pass the bill, H.R. 3456, as amended.
  The question was taken.
  Mr. ZIMMER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________