[Congressional Record Volume 166, Number 207 (Tuesday, December 8, 2020)]
[House]
[Pages H7011-H7014]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      COMBAT ONLINE PREDATORS ACT

  Mr. CICILLINE. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 134) to amend title 18, United States Code, with regard to 
stalking.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 134

       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 ``Combat Online Predators 
     Act''.

     SEC. 2. ENHANCED PENALTY FOR STALKERS OF CHILDREN.

       (a) In General.--Chapter 110A of title 18, United States 
     Code, is amended by inserting after section 2261A the 
     following:

     ``Sec. 2261B. Enhanced penalty for stalkers of children

       ``(a) In General.--Except as provided in subsection (b), if 
     the victim of an offense under section 2261A is under the age 
     of 18 years, the maximum imprisonment for the offense is 5 
     years greater than the maximum term of imprisonment otherwise 
     provided for that offense in section 2261.
       ``(b) Limitation.--Subsection (a) shall not apply to a 
     person who violates section 2261A if--
       ``(1) the person is subject to a sentence under section 
     2261(b)(5); and
       ``(2)(A) the person is under the age of 18 at the time the 
     offense occurred; or
       ``(B) the victim of the offense is not less than 15 nor 
     more than 17 years of age and not more than 3 years younger 
     than the person who committed the offense at the time the 
     offense occurred.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 110A of

[[Page H7012]]

     title 18, United States Code, is amended by inserting after 
     the item relating to section 2261A the following new item:

``2261B. Enhanced penalty for stalkers of children.''.
       (c) Conforming Amendment.--Section 2261A of title 18, 
     United States Code, is amended by striking ``section 2261(b) 
     of this title'' and inserting ``section 2261(b) or section 
     2261B, as the case may be''.

     SEC. 3. REPORT ON BEST PRACTICES REGARDING ENFORCEMENT OF 
                   ANTI-STALKING LAWS.

       Not later than 1 year after the date of the enactment of 
     this Act, the Attorney General shall submit a report to 
     Congress, which shall--
       (1) include an evaluation of Federal, Tribal, State, and 
     local efforts to enforce laws relating to stalking; and
       (2) identify and describe those elements of such efforts 
     that constitute the best practices for the enforcement of 
     such laws.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Rhode Island (Mr. Cicilline) and the gentleman from North Dakota (Mr. 
Armstrong) each will control 20 minutes.
  The Chair recognizes the gentleman from Rhode Island.


                             General Leave

  Mr. CICILLINE. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Rhode Island?
  There was no objection.
  Mr. CICILLINE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, the safety of our children is paramount, and the 
preservation of their future is critical.
  Across this country and around the world, we have awakened to a new 
normal where our lives are tethered to the internet like never before. 
The COVID-19 pandemic has forced all of us to execute our daily 
routines online.
  Children and adolescents across this country are engaged in virtual 
learning every day. Therefore, they are spending countless hours on the 
internet.
  While this approach to learning is vital in keeping our children safe 
from the spread of the virus, the widespread use of the internet and 
social media can make stalking easier to carry out, allowing predators 
to exploit the easy access to our children.
  The borderless nature of the internet has allowed these types of 
internet crimes to transcend jurisdictional boundaries. Current Federal 
law prohibits narrowly defined instances of stalking where they are 
accomplished via interstate travel or through electronic means.
  This is why we must make sensible modifications to the stalking 
statute, especially given that children and adolescents are, in many 
respects, among the most vulnerable of our population.
  Stalking affects millions of men and women in the United States. 
Stalking is common. About 1 in 6 women and 1 in 17 men have experienced 
stalking in their lifetimes.
  Stalking starts early. Nearly 54 percent of female victims and 41 
percent of male victims experience stalking before the age of 25 and 
16.3 percent of female victims and 20.5 percent of male victims before 
the age of 18.
  Stalking impacts the physical and mental health of victims. Research 
shows that stalking can lead to depression and post-traumatic stress 
disorder. About 68 percent of female victims and 78 percent of male 
victims experience threats of physical harm during their lifetimes.
  I support S. 134, the Combat Online Predators Act, because this bill 
amends 18 U.S.C. 2261A, which criminalizes stalking when a person 
travels in interstate or foreign commerce with the intent to kill, 
injure, harass, intimidate, or place under surveillance with the intent 
to otherwise kill, injure, harass, or intimidate another person.
  This can be even more critical when young people are victimized in 
this way, which may occur in person or online, via cellphones, 
computers, email, text messages, and on social media platforms, which 
is sometimes referred to as cyberstalking.
  Consequently, this bill is timely because it increases the maximum 
prison term for a stalking offense by adding 5 years if the victim is 
under the age of 18. The increased maximum penalty for this crime when 
committed against our children is reasonable.
  This bill also understands that some behavior among young people 
should not be subject to enhancement that would apply to individuals 
who are older and more mature. Therefore, this bill makes an exception 
where the enhanced penalty shall not apply for the person who violates 
the stalking statute if the person is under the age of 18 at the time 
of the offense, or the victim of the offense is not less than 15 nor 
more than 17 years of age and not more than 3 years younger than the 
person who committed the offense at the time the offense occurred.
  The bill further requires that the Attorney General submit to 
Congress a report which shall include an evaluation of Federal, State, 
Tribal, and other local efforts to enforce laws related to stalking and 
to identify and describe those elements of such efforts that constitute 
the best practices for the enforcement of such laws.
  Mr. Speaker, this is a sensible bipartisan bill, and I urge all of my 
colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ARMSTRONG. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, I rise in support of S. 134, the Combat Online Predators 
Act.
  This bill will give law enforcement officers additional tools to keep 
children safe from adults who stalk or target them both in person and 
online. This bill raises the maximum criminal penalty for stalking by 
an additional 5 years if the victim is a minor.
  In addition, the bill directs the Attorney General and the Department 
of Justice to produce a report evaluating Federal, State, and local 
laws that relate to stalking and to describe best practices for 
enforcing those laws.
  We must do everything in our power to protect the most vulnerable 
among us from digital predators. We must ensure that courts have the 
ability to sentence convicted stalkers to an appropriate prison term.
  This bipartisan bill will help to protect our Nation's children from 
online predators, give their families peace of mind, and make our 
communities safer.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CICILLINE. Mr. Speaker, I reserve the balance of my time.
  Mr. ARMSTRONG. Mr. Speaker, I yield 4 minutes to the gentleman from 
Pennsylvania (Mr. Fitzpatrick), my friend.

  Mr. FITZPATRICK. Mr. Speaker, I thank the gentleman from North Dakota 
(Mr. Armstrong) for yielding.
  Mr. Speaker, as my friend, David Cicilline, just alluded to, we have 
no higher responsibility than to protect our children.
  Cyberstalking is a serious crime that needs to be met with stricter 
penalties and more cooperation amongst law enforcement agencies, 
including my friends and colleagues in my former agency, the FBI.
  The Office of Women's Health defines stalking as repeated contact 
that makes one feel afraid or harassed. Each year, this crime affects 
an estimated 7.5 million people, including many children.
  Stalking disproportionately impacts women. Stalking victims are 50 
percent more likely to be female, and according to the CDC, one in six 
women has experienced some form of stalking in their lifetime.
  Mr. Speaker, my Combat Online Predators Act ensures that not only are 
we increasing penalties for these crimes, but we are also requiring 
Federal law enforcement officials to evaluate and update practices to 
combat this online harassment.
  This bill provides enhanced criminal penalties for stalkers under 
title 18, section 2261, by up to 5 years if the victim is a minor.
  Moreover, the legislation calls for the Attorney General and the 
Department of Justice to produce an evaluation of Federal, State, and 
local efforts to enforce laws relating to stalking and to identify and 
describe elements of these enforcement efforts that constitute best 
practices across the United States.
  Moreover, Mr. Speaker, this legislation was inspired by the story of 
a family in my district in Bucks County, Pennsylvania, the Zezzo 
family, whose teenage daughter, at the age of just 13 years old, was 
cyberstalked by a friend's father through social media.

[[Page H7013]]

  Despite the stalking being sexual in nature, the then 51-year-old 
stalker pleaded guilty only to a misdemeanor stalking charge and was 
sentenced to probation and counseling.
  Three years later, in 2016, this very same stalker began making 
contact again. Hiding behind social media, the predator created a 
perverted library of over 15,000 posts detailing his warped vision to 
marry her and his insistence that no one could ever stop him from being 
with her.
  Thankfully, Mr. Speaker, following a sting operation by our hero law 
enforcement officers, local police arrested him and sentenced him to 
between 18 months and 7 years in State prison.
  Sitting with the Zezzo family, I saw the pain in their eyes. After 
hearing the disturbing story of cyberstalking endured by this young 
girl and her family for years, the pain that they have endured for 
years and still endure to this day, I knew that something had to be 
done.
  My Combat Online Predators Act is the first step in making the 
internet a safer environment for all users, especially young Americans, 
and this step cannot come soon enough.
  Mr. Speaker, I thank Mr. Cicilline and members of the committee. I 
thank the Zezzo family, particularly Madison and Erin Zezzo, for their 
advocacy in this incredibly important issue. They have turned their 
unspeakable pain into action and provided a voice for all cyberstalking 
victims across this country, especially our young victims and our 
children.
  We will continue to fight for justice for all victims.
  Mr. Speaker, I also thank Representative Stephanie Murphy, my partner 
in this legislation, and Senator Pat Toomey and Senator Bob Casey from 
my home State of Pennsylvania, all of whom had a part to play in this.
  Mr. Speaker, we must do everything we can to forcefully respond to 
egregious instances of stalking and cyberstalking, especially when 
committed against the most vulnerable among us.
  Mr. Speaker, I urge all of my colleagues to vote ``yes'' on the 
Combat Online Predators Act.
  Mr. CICILLINE. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee), a distinguished and respected member of the 
Judiciary Committee.
  Ms. JACKSON LEE. Mr. Speaker, I thank the manager of the bill for his 
leadership continuously on issues of technology as well as his very 
fine work on the issues of antitrust.
  Mr. Speaker, let me thank the manager of this legislation. As well, I 
thank the Senate and the Senate sponsor for some very important 
legislation.
  It is interesting that we would be able to bring this legislation up 
in a time when our children, in particular, are wedded to virtual 
technology or virtual learning all over America, leaving them 
vulnerable in terms of what has the opportunity to become a predator.
  So, I couldn't think of a more important moment to bring up S. 134, 
the Combat Online Predators Act, making it very clear the lack of 
tolerance for practices that would create harassment of children.
  Clearly, now, with virtual learning being at the cornerstone of the 
survival of education for our children with COVID-19 raging, it seems 
an appropriate initiative.
  The legislation calls for the Attorney General and the Department of 
Justice to produce an evaluation of Federal, State, and local efforts 
to enforce laws relating to stalking and to identify and describe 
elements of these efforts that constitute best practices.
  Our intent here is to save lives and, as well, to protect our 
children, protect their minds, protect their thoughts, protect the 
information that might draw them to leave home. We know that that 
certainly has been a basis for many of our children running away, 
because someone caught them on the internet.
  At the same time, Mr. Speaker, I want to express my appreciation to 
the United States Senate because this was a difficult amendment to be 
able to craft and to understand, and that is that we recognize that 
children can be children.
  In essence, this legislation also has, for parents to understand, a 
provision that if children are within a certain age and the stalker is 
not much older than a child over 15 and under 17 and they engage in the 
kind of play that teenagers might engage in--we call it Romeo and 
Juliet--that those individuals would be exempt from the criminal 
aspects of this legislation.
  I think it is a very important exception inasmuch as we want parents 
to be engaged as much as we can in teaching teenagers and young people 
and overseeing their activity, making sure they don't do things that 
would create a criminal liability or criminal acts.
  So, I support this legislation because of its fairness; because of 
the recognition by the Senate of the importance of that exemption; and, 
most of all, to be able to make a national statement while we are in 
the midst of COVID-19, and our children are facing virtually 
everything, that we want to combat online predators.
  Mr. Speaker, I ask my colleagues to support this act, S. 134, to 
protect our children.

                              {time}  1700

  Mr. ARMSTRONG. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Puerto Rico (Miss Gonzalez-Colon).
  Miss GONZALEZ-COLON of Puerto Rico. Mr. Speaker, I think everything 
has been said. Everything now is online, and that is the reason this 
bill is so important as well. That is the reason why I rise in support 
of S. 134, the Combat Online Predators Act.
  I am a proud cosponsor of the House companion bill, H.R. 4203, which 
was introduced by my good friends, Representatives Brian Fitzpatrick 
and Stephanie Murphy.
  I think this legislation is straightforward. It increased the maximum 
prison term for a stalking offense by 5 additional years if the victim 
is under age 18. Additionally, the Attorney General must issue a report 
on the best practices for the enforcement of Federal, State, local, and 
Tribal stalking laws as well.
  According to the Bureau of Justice Statistics, during a 12-month 
period, an estimated 14 in every 1,000 persons age 18 or older are 
victims of stalking. Overall, 7.5 million people across the Nation 
reported being affected by these, according to the National Center for 
Victims of Crime and sponsored by the Office of Violence Against Women.
  The same study shows 46 percent of the stalking victims experienced 
at least one unwanted contact per week, and 11 percent of the victims 
say they have been stalked for 5 years or more.
  Approximately one in four stalking victims reported some form of 
cyberstalking. According to the Bureau of Justice Statistics, 83 
percent of victims reported that they received emails from their 
stalkers, while 35 percent reported receiving instant messaging.
  In addition to stalking, every jurisdiction in the U.S. has laws 
addressing electronic harassment, and Federal law also criminalizes the 
use of technology in stalking.
  Puerto Rico has recently taken steps to enact a special leave policy 
for those who are victims of crimes, such as gender-based crimes, 
abuse, harassment, and felony stalking. The special leave law provides 
up to 15 days annually where an employee is able to address crimes 
through legal means to ensure that victims are able to seek the proper 
resources necessary to achieve justice.
  While Puerto Rico may lead in terms of supporting those afflicted by 
these crimes, justice must be severe for those who prey on the most 
vulnerable among us.
  Again, I thank Representatives Fitzpatrick and Murphy for leading the 
House version of this legislation, and, of course, the Senate for 
passing this bill. That is the reason I urge my colleagues to support 
S. 134.
  Mr. CICILLINE. Mr. Speaker, I am prepared to close, and I reserve the 
balance of my time.
  Mr. ARMSTRONG. Mr. Speaker, technology has improved our lives in a 
myriad of ways, but it has also given bad actors more tools and, in 
many instances, stalkers can victimize their targets without ever 
leaving their home and a victim can often feel like they have nowhere 
to escape.
  I applaud the work of Senator Toomey and Congressman Fitzpatrick,

[[Page H7014]]

who sponsored the House companion to this bill on this important 
legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CICILLINE. Mr. Speaker, I urge my colleagues to support this 
bipartisan measure because stalking is a crime in which victims are 
made to live in constant fear. The effects of stalking can manifest 
both physically and mentally and have short-term and long-term 
consequences.
  In this digital and technological world that we have now all immersed 
ourselves in, it is imperative that we remain more vigilant of the 
nefarious activities of those lurking in the shadows to exploit our 
children's vulnerabilities.
  Hence, I support the Combat Online Predators Act and I urge all of my 
colleagues to do the same.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Rhode Island (Mr. Cicilline) that the House suspend the 
rules and pass the bill, S. 134.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________