[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.
____________________