[Congressional Record Volume 143, Number 128 (Tuesday, September 23, 1997)]
[House]
[Pages H7626-H7632]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT OFFENDERS 
                 REGISTRATION IMPROVEMENTS ACT OF 1997

  Mr. McCOLLUM. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1683) to clarify the standards for State sex offender 
registration programs under the Jacob Wetterling Crimes Against 
Children and Sexually Violent Offender Registration Act, as amended.
  The Clerk read as follows:

                               H.R. 1683

       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 ``Jacob Wetterling Crimes 
     Against Children and Sexually Violent Offenders Registration 
     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 measures.--
       ``(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 advocates, 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.

[[Page H7627]]

       ``(C) Alternative measures.--The Attorney General may also 
     approve alternative measures of comparable or greater 
     effectiveness in protecting the public from unusually 
     dangerous or recidivistic sexual offenders in lieu of the 
     specific 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 offenses specified by State law 
     which is comparable to or which exceeds the following range 
     of offenses:'';
       (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 vocation' 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 
     financially compensated, volunteered, or for the purpose 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 professional institution, or institution of higher 
     education.''.
       (b) Requirements Upon Release, Parole, Supervised 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 requirement in the new State of 
     residence, and inform the person that the person must also 
     register in a State where the person is employed, carries on 
     a vocation, or is a student''; 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 
     expects to reside and entered into the appropriate State 
     records or data system. State procedures shall also ensure 
     that conviction data and fingerprints 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, 
     including transmission of current address information 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 address at least annually.''; and
       (B) by striking clauses (i) through (v);
       (4) in paragraph (4), by striking ``section reported'' and 
     all that follows before the period at the end and inserting 
     the following: ``section shall be reported 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 report 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 offenders, 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 procedures 
     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 Enforcement 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 comparable 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 Attorney 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 sufficient 
     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 related 
     regulations, shall take effect at the conclusion of the time 
     provided under this subsection for the establishment of 
     minimally sufficient sexual offender registration 
     programs.''.
       (h) Federal Offenders and Military Personnel.--(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 following:
       ``(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 provided 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 information 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 include 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 
     sentenced 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 
     Administrative Office of the United States Courts. Notice 
     concerning a subsequent change of residence by a person 
     described 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 
     probation officer responsible for the supervision of the 
     person, or in a manner specified by the Director of the 
     Administrative Office of the United States Courts.
       ``(3) The Director of the Bureau of Prisons shall inform 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 Enforcement 
     Act of 1994), and the same information shall be provided to a 
     person described in paragraph (4) who is sentenced to 
     probation by the probation officer responsible for 
     supervision of the person or in a manner specified by the 
     Director of the Administrative Office of the United States 
     Courts.

[[Page H7628]]

       ``(4) A person is described in this paragraph if the person 
     was convicted of any of the following offenses (including 
     such an offense prosecuted pursuant to section 1152 or 1153):
       ``(A) An offense under section 1201 involving a minor 
     victim.
       ``(B) An offense under chapter 109A.
       ``(C) An offense under chapter 110.
       ``(D) An offense under chapter 117.
       ``(E) Any other offense designated by the Attorney General 
     as a sexual offense for purposes of this subsection.
       ``(5) The United States and its agencies, officers, and 
     employees shall be immune from liability based on good faith 
     conduct in carrying out this subsection and subsection 
     (b).''.
       (2)(A) Section 3563(a) of title 18, United States Code, is 
     amended by striking the matter at the end of paragraph (7) 
     beginning with ``The results of a drug test'' and all that 
     follows through the end of such paragraph and inserting that 
     matter at the end of section 3563.
       (B) The matter inserted by subparagraph (A) at the end of 
     section 3563 is amended--
       (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 numerical 
     order immediately after paragraph (5);
       (ii) by striking ``and'' at the end of paragraph (6);
       (iii) in paragraph (7), by striking ``assessments.'' and 
     inserting ``assessments; and''; and
       (iv) by inserting immediately after paragraph (7) (as moved 
     by clause (i)) the following new paragraph:
       ``(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 following: 
     ``The court shall order, as an explicit condition of 
     supervised release 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).''.
       (E) Section 4209(a) of title 18, United States Code, 
     insofar as such section remains in effect with respect to 
     certain individuals, is amended by inserting after the first 
     sentence 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 
     residence 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 conduct 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 registration 
     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 extent 
     practicable, be consistent with those specified for Federal 
     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 subparagraph (G);
       (2) by redesignating subparagraph (H) as subparagraph (I); 
     and
       (3) by inserting after subparagraph (G) the following:
       ``(H) protect the confidentiality of the identity and 
     location of persons subject to registration requirements 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 
     abducted 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.

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


                             General Leave

  Mr. McCOLLUM. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on the bill now under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. McCOLLUM. Madam Speaker, I yield myself such time as I may 
consume.
  The Jacob Wetterling Crimes Against Children and Sexually Violent 
Offender Registration Improvements Act of 1997 builds upon previous 
efforts of Congress to establish a system to keep track of convicted 
sex offenders and to notify communities of their presence. This bill 
will substantially strengthen the sex offender registration programs in 
our States, commonly referred to as ``Megan's law,'' and close several 
loopholes which currently allow convicted sex offenders to avoid 
registering their whereabouts with local law enforcement.
  In the 1994 crime bill, Congress established the Jacob Wetterling 
Crimes Against Children and Sexually Violent Offender Registration Act. 
This act contained guidelines for the States to set up sex offender 
registration programs. Currently, all 50 States and the District of 
Columbia have established such registration programs. These registries 
provide an invaluable law enforcement tool by providing quick access to 
computerized information on sex offenders living nearby. Just this 
year, the President signed Megan's law, and the Pam Lychner National 
Sexual Offender Tracking Identification Act into law, two bills which 
strengthen the community notification laws with regard to registered 
sex offenders and provided law enforcement the tools to keep track of 
sex offenders who move from State to State.
  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. It is well recognized that sexual 
predators are remarkably clever and persistently transient. These 
offenders are not confined within State lines, and neither should our 
efforts to keep track of them, which brings us to the purpose of 
today's bill.
  In consultation with State and local law enforcement and the National 
Center for Missing and Exploited Children, we have developed this very 
important piece of legislation which will strengthen the Jacob 
Wetterling Act, in addition to providing more flexibility to the States 
as they implement their own sex offender registration program. H.R. 
1683 will make three primary improvements:
  First, this bill will require offenders convicted under Federal or 
military law of certain sex offenses to register in the State in which 
they reside. Convicted military personnel will be required to register 
in the State in which they reside and the State in which they are 
permanently assigned, if applicable. It is important to note that this

[[Page H7629]]

bill does not establish a Federal registry system, nor does it require 
States to pass new laws. It does require Federal offenders to register 
under already existing State programs. Convicted sex offenders in the 
Federal system may be just as dangerous as offenders in all of our 
States. We must keep track and notify communities of their whereabouts.
  Second, this bill will also apply to offenders crossing State 
borders. Offenders are required to register in the State in which they 
reside and the States in which they are employed, or are enrolled in 
school, if applicable. State and local law enforcement agencies have 
struggled with numerous serial rapes in which offenders worked or went 
to school in a bordering State and were able to commit crimes in these 
nearby communities, free from the registration requirements of the 
State in which they were convicted.
  Third, this bill will provide more flexibility to States as they 
implement their own registration programs, in addition to providing 
more time to come into compliance with registration requirements 
imposed by sex offenders registry legislation passed last fall. The 
original 1994 act was written in such detailed language that some 
States have struggled to understand the intent of Congress. Moreover, 
some States have come up with better, more creative ways to implement 
the act, and therefore, it is the purpose of this bill to provide 
States with the freedom to implement these improvements.
  Last, the Jacob Wetterling Improvements Act addresses an issue which 
has been very important to the citizens of my State of Florida, and I 
am sure many other States as well, that of child stalking. The Florida 
State Legislature just passed the Jennifer Act, which punishes 
individuals who stalk children. This bill is intended to heighten 
awareness of this issue by requiring the Department of Justice to 
submit to Congress a report describing existing State laws with regard 
to child stalking. This provision, along with provisions which will 
significantly improve the Jacob Wetterling Act of 1994, will serve as 
an effective law enforcement tool to better protect Americans from 
sexual victimization. I urge my colleagues to support this bill.
  Madam Speaker, I reserve the balance of my time.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I yield myself such time as 
I may consume.
  Madam Speaker, I rise today to share my approval, and yet my 
concerns, concerning H.R. 1683, the Jacob Wetterling Crimes Against 
Children and Sexually Violent Offender Registration Improvements Act of 
1997.
  In 1994, Congress enacted this legislation, the Jacob Wetterling 
Crimes Against Children and Sexually Violent Offender Registration Act, 
which encourages States to operate sex offender registration programs. 
States which operate such programs receive criminal justice grant 
funds. States which do not are denied access to these funds. This act 
specifies in considerable detail what the State must do to operate its 
program, and administering the act has proved to be complex and 
difficult.
  H.R. 1683 is intended to remedy certain of these difficulties. H.R. 
1683 is deficient, however, in that it fails to address the danger of 
the unjust application of sex offender registration laws, a danger 
which has become apparent in the 3 years since the Jacob Wetterling Act 
became law. It forces the Federal Government to intrude in the local 
jurisdiction and governments of certain States, by requiring 
registration for acts not related to children.
  H.R. 1683 does nothing to prevent States from forcing individuals 
convicted of consensual adult sex or similar offenses to register as 
sexual offenders. This is a glaring deficiency and takes away from the 
chief issue that we are concerned with, the acts of sexual violence 
against our children and others. We want to protect women against rape 
and other sexual abuses and violence, and we certainly want to effect 
an impact on our children.
  I have, over the years of my tenure in this Congress, Madam Speaker, 
supported vigorously registration legislation that deals with the idea 
of protecting our communities and neighborhoods from a sexual predator 
against our children and certainly against women from moving from one 
State to the next. I fully believe that we should not wake up one 
morning and find next door a child molester, and let me go on record by 
saying, we in Texas, and particularly in the Houston area, have been 
bombarded by tragic incidences of the abduction of children or the rape 
and molestation of children in our community.
  So I like the original intent of this legislation, to protect 
victims, many times women and children, against sex crimes. This act 
was designed to protect the community and particularly young children 
from violence at the hands of sexual offenders. The registration 
requirements were aimed at those with a history of, and therefore a 
presumed propensity for, the forcible victimization of others. However, 
in at least four States, Kansas, Louisiana, Mississippi, and South 
Carolina, people with convictions for consensual adult sex, which form 
thereof violates State laws, are being forced to register with the 
police as sexual offenders.
  This is unfair and discriminatory and also violates individual 
privacy rights. The act was never intended to encompass such 
individuals, and there is no reason whatsoever to think that 
individuals convicted of these so-called offenses pose any danger to 
the community. Their crimes involve no force or threat of force, nor do 
they involve adults having sex with children.
  I can assure my colleagues, I stand at the front door and at the 
front of the line to block any sort of legislation which would deny us 
the right to track persons who have been convicted of sexual acts 
against our children. However, this has absolutely nothing to do with 
generally predatory offenses, such as rape and child molestation.
  At the Committee on the Judiciary markup of H.R. 1683, the gentleman 
from New York [Mr. Schumer] offered an amendment that would have added 
another condition to the listing of requirements that States must obey 
under the Wetterling law. States would be prohibited from requiring 
someone to register as a sex offender solely on the basis of a 
conviction for consensual adult sex of which the State would find 
illegal. As we all know, such statutes have been used to persecute 
individuals due to homophobic attitudes. Therefore, it is unfair to 
further victimize them under this law.
  States that require this are lumping homosexuals together with 
rapists and child molesters. That, I think for all of us who understand 
that there are rights of privacy under constitutional law, is 
offensive, and certainly not what this Congress intended to do with the 
Wetterling program.
  Again, Madam Speaker, I applaud this legislation. I celebrate it for 
what it does for the children of America, for it protects our children 
and attempts to protect our children even further from these malicious, 
inherently vicious child predators who move from State to State.

                              {time}  1600

  How many of us have cried tears of frustration of trying to prevent 
such terrible tragedies. So I ask in particular that we consider 
recognizing the violation of personal individual rights as it relates 
to adults and consensual sex as not to violate the spirit of this 
legislation.
  Let me also acknowledge that this legislation pays tribute to Pam 
Lyncher, who tragically lost her life in TWA 800, who was a leading 
spokesperson in the organization, Justice for All, she always worked to 
oppose the viciousness of those who would travel from State to State to 
State to perpetrate violent acts against children as it relates to sex 
crimes and other violent crimes. We thank her for that.
  Madam Speaker, the Committee on the Judiciary members who took 
exception to the provision regarding consensual sex were responded to 
by members of the Committee on the Judiciary that this would inject the 
Federal Government into decisions made by States.
  We know that that is a ludicrous argument, primarily because we are 
injecting ourselves already, and I am happy to inject us when it comes 
to protecting children, women and others against violate sexual crimes. 
As I said, I will be at the front of the line on any of these 
occasions. The act itself already imposes a multitude of requirements 
on the States.
  Might I add that I want to have as many States as possible be able to 
access these funds. I hope the chairman

[[Page H7630]]

will review ways that we can help make it simpler for States to respond 
so they can get the money. I want to make sure that everyone who is 
able to do so is not distracted by the complexity of the reporting 
requirements.
  Therefore, we already intrude upon the States as it relates to 
burdens. In fact, the act contains four pages of dense statutory 
language telling States how to operate their programs. The amendment 
simply would have added one additional requirement to these pages and 
pages of requirements.
  Mr. Speaker, Congress cannot possibly intend for the Jacob Wetterling 
Act, an outstanding piece of legislation as it relates to children and 
those abused by violent sexual acts, to cover individuals, adults, 
engaged in consensual sexual activity. Therefore, it is our 
responsibility hopefully to work together to ensure that this not 
happen in this critically important legislation, that could do damage 
to what we intend to do.
  With that, Madam Speaker, I would conclude by saying ``Hurrah'' for 
the children of America, and yet we must also recognize that we must 
address the constitutional rights of other individuals in this country.
  Madam Speaker, I reserve the balance of my time.
  Mr. McCOLLUM. Madam Speaker, I yield 2 minutes to the gentleman from 
Minnesota [Mr. Gutknecht].
  Mr. GUTKNECHT. Madam Speaker, I thank the gentleman for yielding time 
to me.
  Madam Speaker, in our discussions today it is important to remember 
the boy behind the bill. Eleven-year-old Jacob Wetterling was kidnapped 
at gunpoint in rural Minnesota on October 22, 1989. He is still 
missing. All of us hope and pray for his safe return.
  I was a member of the Minnesota State Legislature when we passed an 
early version of the Wetterling Act in 1991. In 1994 Congress 
recognized the importance of this idea, and required all States to 
register the addresses of convicted kidnappers or child sex offenders. 
Last year we passed Megan's Law to notify communities when one of these 
people moves into the neighborhood.
  While every State now requires registration of child sex offenders, 
many community notification programs have been stalled by legal 
challenges and confusion as to what plan would be most effective. 
Because of this, it is unclear how many States are fully following the 
Wetterling Act requirements. H.R. 1683 gives the States much needed 
flexibility as they seek to comply with this law.
  To help States even further, 31 of my colleagues, and I want to 
especially thank my colleague, the gentleman from Texas [Mr. Lampson], 
have joined me in cosponsoring and introducing House Concurrent 
Resolution 125, which provides the States with a model community 
notification program that they can follow if they choose. I encourage 
all of my colleagues to consider cosponsoring it.
  Winston Churchill once said, ``Never give in; never give in; never, 
never, never, never--in nothing great or small, large or petty--never 
give in except to convictions of honor.'' These are fitting words for 
Patty Wetterling, Chairman McCollum, and everyone who works tirelessly 
to protect America's children. I am proud to be an original cosponsor 
of H.R. 1683, and I urge my colleagues to vote for it.
  Mr. McCOLLUM. Madam Speaker, I yield 2 minutes to the gentleman from 
Florida [Mr. Foley].
  Mr. FOLEY. Madam Speaker, I rise in strong support of this bill. I 
commend our chairman, the gentleman from Florida [Mr. McCollum] for 
initiating it. He has been a leader in these types of initiatives, and 
they are very, very important in protecting our children.
  Madam Speaker, this legislation provides additional strength to the 
critical measures we have enacted in the past, most significantly, 
Megan's Law, to protect the children of our Nation against violent 
sexual predators. One of its main goals is to ensure that everyone 
convicted of violent sexual crimes is required to register in the 
places in which they live and work so that their whereabouts are known.
  The community notification that we provided last year under Megan's 
Law is only as good as the sex offender registrations that have been 
set up in each State now. If those registries do not have complete 
information on the whereabouts of sexual predators, then our attempts 
to keep track of those who will continue to prey on young children will 
be flawed.
  Madam Speaker, John Walsh of Fox TV's America's Most Wanted said that 
in his show he has helped capture 64 child molesters in one 6-month 
period. Over half of them were people who had worked with children. 
Sixty-four people, child molesters, caught in a 6-month period; over 
half of them had worked with children.
  Parents and families have a right to know if those living near their 
children or working with their children are convicted violent sexual 
offenders who have victimized children. They cannot know this unless we 
have strong registration and notification laws that provide that 
information.
  Madam Speaker, I cosponsored Megan's Law, and I am cosponsoring this 
bill to strengthen Megan's Law for the sake of the children it is 
designed to serve and to save.
  Mr. McCOLLUM. Madam Speaker, I yield 2 minutes to the gentleman from 
Kansas [Mr. Snowbarger].
  Mr. SNOWBARGER. Madam Speaker, I rise today to urge my colleagues to 
support this violent offender registration proposal. For the last 
several years I have been working on similar legislation, first in the 
Kansas legislature and now here in Congress. I was encouraged in this 
effort by my friends, the Schmidts, whose daughter Stephanie was 
murdered.
  I know we would all like to think this kind of thing happens in other 
places, to other people's children in other parts of the country, but 
no community is immune from violence. Stephanie Schmidt was a beautiful 
young woman who was violently murdered by a coworker in 1993. Her 
parents, my constituents, Gene and Peggy Schmidt, have made it their 
life's work to make sure that other families are spared the grief they 
so well know.
  There is something we can do to help solve this problem. That is why 
I have been a consistent supporter of community notification statutes. 
It is my hope that this information, used responsibly, will keep 
dangerous sex offenders away from potential victims. Specifically, this 
act's provisions will require that sex offenders who work or go to 
school in a State other than the State in which they reside will be 
required to register in those other States. This is especially 
important to the families of the Kansas City area, which is a major 
metropolitan area that straddles the State line.
  I would like to thank Chairman McCollum and my distinguished 
colleagues from the other side of the aisle for leading this fight. 
Today as we pass these important changes to the Jacob Wetterling Act 
and Megan's Law, I will think of Stephanie Schmidt and hope that what 
we do today will help prevent another tragedy.
  Ms. JACKSON LEE of Texas. Madam Speaker, I yield 2 minutes to my 
distinguished colleague, the gentleman from Texas [Mr. Lampson], who is 
chairman of the caucus for missing and exploited children.
  Mr. LAMPSON. Madam Speaker, I thank the gentlewoman from Houston, 
Texas, for yielding time to me, and for her good and gracious work on 
this bill.
  As chairman of the congressional missing and exploited children's 
caucus, I rise in strong support of the Jacob Wetterling Crimes Against 
Children and Sexually Violent Offender Registration Improvement Act of 
1997. I congratulate and thank the gentleman from Florida [Mr. 
McCollum] for his work on this bill.
  Scientific studies have shown that those who commit acts of sexual 
violence against children have the highest rate of recidivism among all 
criminals and crimes. In fact, the typical offender molests an average 
of 117 children, most of whom never report the offense. These are 
innocent children being preyed upon by devious and sick individuals.
  The legislation before the House will widen the net that registers 
these predators. Megan's Law mandated registration, and through this 
bill we will close loopholes in making sure that every sexual predator 
is on the books whenever and wherever they relocate in this country, 
regardless of the original jurisdiction in which they were convicted.

[[Page H7631]]

  Is this unfortunate? Yes. Is it necessary? Absolutely. The statistics 
speak for themselves. The memories of Jacob Wetterling, Megan Kanka, 
Laura Smither, and hundreds of other victims of senseless abuse cry out 
for every possible protection we are able to offer.
  Madam Speaker, I have taken to the floor of the House twice this year 
to report the abduction of young girls in my district. It is my hope 
that by speaking on behalf of legislation like this, I will never be 
faced with that sad duty again. So I urge strong support for H.R. 1683.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I yield myself such time as 
I may consume.
  Madam Speaker, I would like to thank the committee and the chairman 
for the hard work they have put into this effort. I think by the 
expressions being made, so many of us can recount the tragedies of 
children in our community being dragged away from the safety and 
sanctity of their home and school and as a vicious sexual attack is 
perpetrated upon them.
  We certainly stand in support of moving forward to assist in creating 
an atmosphere where not one tree leaf or not one cover can keep us away 
from spotting a malicious child molester or sexual predator. I hope as 
we proceed, as well, that we will consider some of the concerns that I 
have expressed. I think in the course of reconciliation and the 
understanding of this issue of individual rights, certainly those 
concerns should be addressed.
  Needless to say, I thank the chairman of the committee and thank 
Members who, unanimously, agree that children in this country must be 
protected and sexual predators must be targeted and must be eliminated 
from our communities and made never to perpetrate their violent act 
again on our innocent children and citizens in this country. That is 
why this bill deserves our consideration.
  Mr. McCOLLUM. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I simply want to thank the gentlewoman from Texas [Ms. 
Jackson-Lee] for her cooperation in this matter, and note the fact that 
each of the speakers today on this legislation was an original 
cosponsor of the bill that was introduced. It is a good bill. It should 
be adopted.
  Mr. RAMSTAD. Mr. Speaker, as the author of the Jacob Wetterling Act 
of 1994, I am proud to be a cosponsor of H.R. 1683, the Jacob 
Wetterling Improvements Act of 1997, and I urge my colleagues to 
support this important child protection measure.
  The 1994 Wetterling Act signaled a national, coordinated commitment 
to protecting America's children. For the first time, we instituted a 
national system for registering the worst kind of convicted criminals--
those who prey on children.
  This landmark law was named after Jacob Wetterling, an extraordinary 
youngster who was kidnapped in 1989 from the small community of St. 
Joseph, MN, when he was 11 years old. We have not heard from Jacob 
since his abduction, but we continue to pray for his safe return and 
for the safe return of hundreds of children stolen from their families.
  Jacob's incredible mother, Patty Wetterling, has become a tireless 
advocate for protecting children. Patty and her husband, Jerry, formed 
the Jacob Wetterling Foundation, which promotes child safety and 
responds to child abductions. With Patty's help, we were able to enact 
the 1994 Wetterling Act. With her help, we are building stronger child 
protection laws every day.
  H.R. 1683 builds on the foundation of the 1994 Jacob Wetterling Act, 
and applies the Wetterling requirements to offenders convicted under 
Federal or military law. In addition, it will give the FBI access to 
state sex offender registries and allow the U.S. Marshals Service to 
monitor offenders enrolled in the Federal Witness Protection Program. 
This bill will also give additional flexibility to states to help them 
establish effective offender registration programs.
  Just a few months ago, I stood with Patty Wetterling, Ernie Allen of 
the National Center for Missing and Exploited Children, the other 
sponsors of H.R. 1683 when we introduced the bill during Child Safety 
Week. I am grateful to all these people--and particularly Mr. McCollum, 
the bill's sponsor and chair of the Crime Subcommittee--for helping to 
move this important legislation so quickly through the process.
  I look forward to continued progress toward ending the tragedy of 
stolen childhoods and making American communities safer places to grow 
up.
  Mr. DIAZ-BALART. Mr. Speaker, I rise in strong support for the Jacob 
Wetterling Crimes Against Children and Sexually Violent Offenders 
Registration Improvements Act of 1997 (H.R. 1683). I would like to 
commend the Subcommittee on Crime and its chairman, Mr. McCollum, for 
bringing forth this meritorious legislation and for working to ensure 
that law enforcement agencies have the tools needed to protect our 
children from any and all dangerous individuals who would harm them or 
threaten their safety.
  Of particular importance is the need for tough laws to combat child 
stalking. Florida has taken the lead in this respect. H.R. 1683 
acknowledges the worthy initiative taken by the State of Florida in its 
successful implementation of the Jennifer Act (Fla. Stat. Sec. 
784.048). The Jennifer Act designates the stalking of a child under the 
age of 16 as a third degree felony. The act provides that a person who 
willfully, maliciously, and repeatedly follows or harasses a child 
younger than 16 years of age commits aggravated stalking.
  The Florida State law is named after a 13-year-old Dade County girl 
in my district who was stalked in 1996 by an acquaintance. Police told 
the girl's mother they could not arrest the man unless he had hurt or 
kidnapped her daughter. Unable to obtain a judicial restraining order, 
Jennifer's mother worked closely with her State senator and 
representative to enlist support for a change in the law to remove the 
requirement that physical harm or abduction occur before the police 
could intervene. Thanks to her tenacious and courageous persistence, 
the law was signed into Florida law on April 29, 1997, and becomes 
effective October 1, 1997.
  I am very pleased that today this House has recognized the importance 
of putting the States on notice that this is a very critical gap in 
their criminal codes that needs to be corrected. To this end, H.R. 1683 
requires that the attorney general survey and publish current or 
proposed State laws, which concern the criminal elements and penalties 
for stalking against children. In this way, States will be required to 
examine the state of their antistalking laws and Congress will oversee 
their efforts.
  This is the first step toward making the effective deterrence of 
child stalking a Federal priority. Accordingly, I will work to ensure 
that the Jennifer Act becomes the national model for State action.
  Mr. CUNNINGHAM. Mr. Speaker, I am a proud original cosponsor of H.R. 
1683. And I am delighted to support this bipartisan, bicameral 
legislation today.
  This bill is based on us listening to citizens and law enforcement, 
to see what can work best to protect children and communities from 
violent predators.
  What we heard, is that it is time for the law to take the side of 
innocent citizens and victims of crime, and to crack down on criminals, 
especially sex offenders and people who commit crimes against children.
  Congress developed the Wetterling Act to create a sex offender 
registry. I was proud to help develop Megan's law, to create community 
notification of certain sex offenders and enable citizens to protect 
themselves against criminals. Now, we are making the Wetterling Act and 
Megan's law better for communities, better for law enforcement, better 
for citizens and children and victims of crime, and a lot worse for 
criminals.
  H.R. 1683 closes loopholes relating to sex offenders who are Federal 
criminals, military personnel, and people who live in one state and 
work or study in another. It helps us obtain more information from the 
States on their laws that combat the stalking of juveniles. It gives 
states more flexibility to implement the law, to make registration of 
these criminals work better for everyone. And it provides protection 
from liability of those who work in good faith with law enforcement on 
criminal registration and community notification.
  In the flight against crime, it's time for us to fight for the 
victims and the law-abiding citizens, and against the criminals. That's 
what we will do today, by enacting H.R. 1683.
  I thank Chairman McCollum and Chairman Hyde for their leadership in 
moving this bill. And I also want to recognize Congresswoman Dunn and 
Congressman Deal, for their longstanding hard work on this issue.
  I encourage my colleagues to support H.R. 1683, and I yield back the 
balance of my time.
  Mr. McCOLLUM. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Emerson). 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. 1683, as amended.
  The question was taken.
  Mr. CONDIT. Madam Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

[[Page H7632]]

  The point of no quorum is considered withdrawn.

                          ____________________