[House Report 105-256]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-256
_______________________________________________________________________
JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT OFFENDERS
REGISTRATION IMPROVEMENTS ACT OF 1997
_______________________________________________________________________
September 18, 1997.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hyde, from the Committee on the Judiciary, submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 1683]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred 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, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
TABLE OF CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 6
Background and Need for Legislation.............................. 7
Hearings......................................................... 9
Committee Consideration.......................................... 10
Vote of the Committee............................................ 10
Committee on Government Reform and Oversight Findings............ 11
Committee Oversight Findings..................................... 11
New Budget Authority and Tax Expenditures........................ 12
Congressional Budget Office Cost Estimate........................ 12
Constitutional Authority Statement............................... 13
Section-by-Section Analysis and Discussion....................... 14
Committee Jurisdiction........................................... 20
Agency Views..................................................... 22
Changes in Existing Law Made by the Bill, as Reported............ 28
Dissenting Views................................................. 40
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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.
``(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 shallalso 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.
``(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.
Purpose and Summary
H.R. 1683, the ``Jacob Wetterling Crimes Against Children
and Sexually Violent Offender Registration Improvements Act of
1997,'' amends a provision enacted as part of the Violent Crime
Control and Law Enforcement Act of 1994. Title XVII of that
Act, the ``Jacob Wetterling Crimes Against Children and
Sexually Violent Offender Registration Act'' (hereafter, the
``Wetterling Act'), requires States to implement a system that
requires persons who commit sexual or kidnaping crimes against
children or who commit sexually violent crimes against any
person (adult or child) to register their address and other
pertinent information with State law enforcement upon release
from prison. The law also requires local law enforcement to
notify communities when certain sex offenders move into their
neighborhoods. A State's failure to implement this registration
system by September 1997, will result in a partial loss of
federal crime-fighting funds. As of May 1996, all States and
the District of Columbia had some sort of registration system
in place.
Sexual offenders frequently target the most vulnerable
members of our communities. Nearly two-thirds of State
prisoners serving time for rape and sexual assault victimized
children. Almost one-third of these victims were less than 11-
years-old. Yet, not only do these violent criminals victimize
the women and children upon which they prey, but they also
victimize society as a whole. Americans have a depleted sense
of trust and security because of these individuals.
Part of what makes this problem so unsettling is the
peculiar nature of the perpetrators. Sex offenders have a high
likelihood of reoffending--in fact, they are nine times more
likely to repeat their crimes than any other class of criminal.
It is for this reason that so many communities feel unsafe as
long as convicted sex offenders are in their midst, and why
more and more communities are seeking to know of their
whereabouts.
H.R. 1683 will substantially strengthen the sex offender
registration programs in the States and close several loopholes
which currently allow convicted sex offenders to avoid
registering their whereabouts with local law enforcement.
Importantly, H.R. 1683 applies registration requirements to
certain offenders who currently are not required to register
under the Wetterling Act. The bill requires offenders convicted
in federal or military court of certain sex offenses to
register in the State in which they reside. In addition,
registration will become a condition of probation or parole for
such offenders. This bill is not intended to establish a
federal registry system, nor does it require States to enact
new laws. It does require offenders convicted in military and
federal court to register into already established State
programs. H.R. 1683 will also apply to offenders crossing State
borders: offenders are required to register in the State in
which they reside and any State in which they are employed or
are enrolled as a student, as defined in the Act.
H.R. 1683 also provides additional flexibility to States as
they implement their registry systems. States will receive the
discretion to designate appropriate agencies or entities other
than ``State law enforcement'' to administer appropriate
portions of the registry program. Moreover, States will also
have more discretion as they establish the State board which is
required under the Wetterling Act. This board is required to
determine for the courts whether or not certain offenders
should be deemed ``sexually violent predators.'' Such offenders
would be subject to more stringent registration requirements
and community notification. This bill will allow the Attorney
General to grant a waiver to States which satisfactorily
demonstrate that they have an alternative system in place which
adequately designates offenders as ``sexually violent
predators.'' A State would be given two extra years to comply
if it doesn't receive the waiver. Also, immunity for good faith
conduct would be extended beyond law enforcement personnel to
include private contractors who administer the program under
the direction of law enforcement.
Finally, the bill includes a Sense of Congress that each
State should have in effect laws which make it a crime to stalk
children. This bill also requires the Justice Department to
provide Congress with a report describing existing State laws
with regard to child stalking.
Background and Need for the Legislation
In the Violent Crime Control and Law Enforcement Act of
1994 (P.L. 103-322), Congress established the Jacob Wetterling
Crimes Against Children and Sexually Violent Offender
Registration Act (see also H. Rept. 103-392). This Act requires
the Attorney General to establish guidelines for the States to
implement a program that requires persons who commit sexual or
kidnaping crimes against children or who commit sexually
violent crimes against any person (adult or child) to register
their address and other pertinent information with State law
enforcement upon release from prison. The law also requires
local law enforcement to notify communities when certain sex
offenders move into their neighborhoods. A State's failure to
implement this registration system by September 1997, will
result in a partial loss of federal funds provided under the
Edward Byrne Memorial Drug Law Enforcement Grant Program
(hereafter, Byrne grants).
Two years after passage of the Jacob Wetterling Act,
Congress passed Megan's Law (P.L. 104-145) which amended the
provisions of the Wetterling Act relating to release of
registration information and community notification. In 1996,
Congress also passed the Pam Lychner National Sexual Offender
Tracking and Identification Act (P.L. 104-236) (hereafter, the
``Lychner Act''), which makes further amendments to the
Wetterling Act, and also contains provisions to ensure the
nationwide availability of sex offender registration to law
enforcement. The collective result of these enactments is
codified in 42 U.S.C. 14071-72. By May 1996, all 50 States and
the District of Columbia had some sort of registration system
in place, commonly known in the States as ``Megan's law.'' At
least 40 States have established some form of notification
program which informs communities when sex offenders move into
their neighborhoods.
To date, the Attorney General has not yet determined which
States have satisfactorily complied with the 1994 Act, nor has
she determined which States have made good faith efforts and
should therefore be given more time to come into compliance.
However, a review of State sex offender registration laws
indicates that very few States are in full compliance with the
Wetterling Act. While all the States have some sort of
registration program in place and many have made commendable
efforts to come into compliance with the Act, few States are
congruent in all respects with the Wetterling Act's definitions
and procedures. It is the view of the Committee that the
Wetterling Act was intended to serve as a floor, not a ceiling,
for States as they implement sex offender registration
programs. One of the primary purposes of H.R. 1683 is to
clarify portions of the original Wetterling Act and to provide
the States the flexibility to implement ideas that may not have
come from Congress but may be equally effective or even more
effective in keeping track of sex offenders.
H.R. 1683 allows the Attorney General to approve State
registration programs which effectively protect the public from
exceptionally dangerous sex offenders, even if the program is
not congruent in all respects with the Wetterling Act's
provisions. The bill also provides States with the discretion
to designate appropriate agencies or entities other than
``State law enforcement'' to administer appropriate portions of
the registry program. For example, Stateswill be allowed to
vest record keeping authority as they see fit, with either the courts,
corrections or general State records divisions.
In addition, States will be given more flexibility and more
time to comply with sex offender legislation passed at the end
of the 104th Congress. Under current law, States have until
October 3, 1997, to comply with certain portions of the Pam
Lychner National Sex Offender Tracking and Identification Act
of 1996 or lose 10 percent of Byrne grant funding. The FBI has
informed the Committee that States need more time. H.R. 1683
addresses an unintended consequence with the Lychner Act which
requires direct registration with the FBI of released sex
offenders in States that do not have ``minimally sufficient''
registration programs. Congress enacted the Lychner Act with
the expectation that all 50 States had, or would soon have,
registration programs for sex offenders that would meet the
Act's definition of ``minimally sufficient.'' The provision
that requires offenders to register directly with the FBI was
seen accordingly as a back-stop or fail-safe measure that would
actually be used in only a very small handful of States.
However, under the Lychner Act's definition of ``minimally
sufficient,'' existing State programs generally do not qualify.
For example, under current law, a State registration program
does not qualify as ``minimally sufficient'' if there are the
slightest variances in the offenses covered by the program from
the list of offense categories in the Wetterling Act. The
practical consequence is that, without further amendment, the
FBI is likely to be responsible for direct registration of
almost all sex offenders in the United States by the deadline
by which States are to comply with the Lychner Act. H.R. 1683
gives States two additional years to come into compliance and
also requires States to participate in the FBI's interim
national registry program until the National Sex Offender
Registry Program is fully operational.
Lastly, H.R. 1683 includes a Sense of Congress, proposed by
Rep. Diaz-Balart, that each State should have in effect laws
which make it a crime to stalk children. The Committee strongly
supports the initiative taken by the State of Florida in
passing the Jennifer Act (Fla. Stat. Sec. 784.048 (1997)). 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 Jennifer Act is named after a 13-year-old Dade
County, Florida girl who was stalked in 1996 by an incidental
family acquaintance. Police told the girl's mother that they
could not arrest the man unless he had hurt or kidnaped her
daughter. Unable to obtain a judicial restraining order,
Jennifer's mother worked tenaciously 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. The law was signed by the
Governor on April 29, 1997, and will become effective on
October 1, 1997.
H.R. 1683 also requires the Attorney General to provide
Congress with a report describing existing State laws with
regard to child stalking.
Hearings
No hearings were held on H.R. 1683.
Committee Consideration
On June 12, 1997, the Subcommittee on Crime met in open
session and ordered reported the bill H.R. 1683, without
amendment, by a voice vote, a quorum being present. On
September 9, 1997, the Committee met in open session and
ordered reported favorably the bill H.R. 1683, with amendment,
by a recorded vote of 20 to 10, a quorum being present.
Vote of the Committee
ROLLCALL NO. 1
Mr. Nadler offered an amendment to the McCollum amendment
in the nature of a substitute which would withhold 10 percent
of Byrne grant funds from any State which has in place a law
requiring persons convicted of consensual sodomy to register
with local law enforcement. The amendment was defeated by a
vote of 12-19.
AYES NAYS
Mr. Frank Mr. Sensenbrenner
Mr. Schumer Mr. McCollum
Mr. Berman Mr. Gekas
Mr. Nadler Mr. Coble
Mr. Scott Mr. Smith (TX)
Mr. Watt Mr. Gallegly
Ms. Lofgren Mr. Canady
Ms. Jackson-Lee Mr. Inglis
Mr. Meehan Mr. Goodlatte
Mr. Delahunt Mr. Buyer
Mr. Wexler Mr. Bono
Mr. Rothman Mr. Bryant (TN)
Mr. Chabot
Mr. Barr
Mr. Jenkins
Mr. Hutchinson
Mr. Pease
Mr. Cannon
Mr. Hyde
ROLLCALL NO. 2
Mr. McCollum offered an amendment in the nature of a
substitute which would make a number of clarifying and
technical changes to the bill. The amendment was adopted by a
vote of 20 to 10.
AYES NAYS
Mr. Sensenbrenner Mr. Frank
Mr. McCollum Mr. Schumer
Mr. Gekas Mr. Berman
Mr. Coble Mr. Nadler
Mr. Smith (TX) Mr. Scott
Mr. Gallegly Mr. Watt
Mr. Canady Ms. Jackson-Lee
Mr. Inglis Mr. Meehan
Mr. Goodlatte Mr. Delahunt
Mr. Buyer Mr. Wexler
Mr. Bono
Mr. Bryant (TN)
Mr. Chabot
Mr. Barr
Mr. Jenkins
Mr. Hutchinson
Mr. Pease
Mr. Cannon
Mr. Rothman
Mr. Hyde
ROLLCALL NO. 3
Final Passage. Motion to report H.R. 1683 favorably. The
motion passed by a vote of 20 to 10.
AYES NAYS
Mr. Sensenbrenner Mr. Frank
Mr. McCollum Mr. Schumer
Mr. Gekas Mr. Berman
Mr. Coble Mr. Nadler
Mr. Smith (TX) Mr. Scott
Mr. Gallegly Mr. Watt
Mr. Canady Ms. Jackson-Lee
Mr. Inglis Mr. Meehan
Mr. Goodlatte Mr. Delahunt
Mr. Buyer Mr. Wexler
Mr. Bono
Mr. Bryant (TN)
Mr. Chabot
Mr. Barr
Mr. Jenkins
Mr. Hutchinson
Mr. Pease
Mr. Cannon
Mr. Rothman
Mr. Hyde
Committee on Government Reform and Oversight Findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives.
Committee Oversight Findings
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the Committee reports
that the findings and recommendations of the Committee, based
on oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 2(l)(3)(B) of House rule XI is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 2(l)(3)(C) of rule XI of the
Rules of the House of Representatives, the Committee sets
forth, with respect to the bill, H.R. 1683, the following
estimate and comparison prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 18, 1997.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1683, the Jacob
Wetterling Crimes Against Children and Sexually Violent
Offender Registration Improvements Act of 1997.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Susanne S.
Mehlman (for federal costs) and Matt Eyles (for the private-
sector impact).
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
Enclosure.
H.R. 1683--Jacob Wetterling Crimes Against Children and Sexually
Violent Offenders Registration Improvements Act of 1997
CBO estimates that enacting H.R. 1683 would not result in
any significant cost to the federal government. Because
enactment of H.R. 1683 would not affect direct spending or
receipts, pay-as-you-go procedures would not apply to the bill.
H.R. 1683 would make various changes to the Jacob
Wetterling Crimes Against Children and Sexually Violent
Offenders Registration Act and the Pam Lychner National Sex
Offender Tracking and Identification Act of 1996. These laws
require states to establish a registration system for certain
sexual offenders and direct the Federal Bureau of Investigation
to establish a nationwide computer system for tracking such
offenders.
Upon enactment of H.R. 1683, registration with state law
enforcement officials would become a condition of probation or
parole for persons convicted of sexual offenses under federal
or military law. As a result, the Bureau of Prisons would be
responsible for notifying offenders of this requirement and for
providing information about each offender's address and release
date to local law enforcement officials. H.R. 1683 also would
make the Attorney General responsible for the tracking and
oversight of individuals in the Federal Witness Protection
Program who are subject to registration requirements. The bill
would permit the Attorney General to approve state registration
programs that are not in complete compliance with the
definitions and procedures under the Jacob Wetterling Crimes
Against Children and Sexually Violent Offenders Registration
Act, but that provide comparable protection for the public
against sexual offenders. Because the federal government is
already performing most of the requirements under this bill and
only a small number of sexual offenders are convicted under
federal or military law, CBO estimates that enacting this bill
would result in no significant additional cost to the federal
government.
H.R. 1683 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act of 1995 (UMRA) and would
impose no costs on state, local, or tribal governments. In a
number of cases, the bill would relax conditions of assistance
or would give states more time to register violent sexual
offenders.
H.R. 1683 would impose new private-sector mandates by
expanding the reporting requirements for persons who are
classified under federal law as sexually violent predators, who
have been convicted of a sexually violent offense, or who have
committed certain criminal offenses against minors. Currently,
such offenders are required to register a current address,
photo, and fingerprints with a state law enforcement agency. In
addition, those individuals are required each year to submit a
form verifying that they still reside at their last reported
address.
Under H.R. 1863, military personnel who have been convicted
of certain sex offenses or offenses against minors under
military or federal law would be required to register in the
state in which they officially reside and, if different from
their state of residence, the state in which they are
permanently assigned. In addition, offenders who work or attend
school in a state other than the one in which they have
registered would be required to register in both states.
Finally, offenders who move would be required to notify the
appropriate agency in their former state of residence that they
are moving. The bill would also reduce an existing federal
mandate by eliminating the annual requirement for offenders to
return a verification form to state law enforcement officials.
Instead, offenders would be subject to state procedures for an
annual verification of their residence. CBO estimates that the
direct costs to the private sector, as defined in UMRA, of the
new requirements in H.R. 1683 would be negligible.
The CBO staff contacts for this estimate are Susanne S.
Mehlman (for federal costs) and Matt Eyles (for the private-
sector impact). This estimate was approved by Robert A.
Sunshine, Deputy Assistant Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to rule XI, clause 2(l)(4) of the rules of the
House of Representatives, the Committee finds the authority for
this legislation in Article I, section 8 of the Constitution.
Section-by-Section Analysis
Section 1. Short Title
This section provides that the 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
This section amends the Wetterling Act relating to the
standards for effective sex offender registration programs.
Allowing ``Local Input'' of Registration Information.
Amendments to section 2(a)(1) and Section 2(b)(4)-(5)
explicitly authorize state registration programs that involve
submission of registration information to the State
registration agency through an intermediary, rather than
directly. This clarifies current law which does not preclude
using intermediaries, for example, to submit changes of address
information or to serve as a contact point for dissemination of
information to the general public. Representatives of State law
enforcement agencies have indicated that there has been some
confusion as to what current law permits on this point, and it
is the intent of these new modifications to explicitly provide
States with the discretion to designate appropriate agencies
other than ``State law enforcement'' to administer appropriate
portions of the registry program. Paragraphs (4) and (5)
provide more flexibility to the States with regard to the
timing for reporting change of address information, but would
maintain requirements that (1) changes of address must be
reported by the registrants in the manner provided by State
law; (2) the updated address information must be provided
promptly to a local law enforcement agency where the resident
will reside; and (3) the information must be entered into the
appropriate state records or data system. These paragraphs
further provide that: (1) registrants who move to another State
must notify the responsible agency in the State while they are
leaving and comply with registration requirements in the new
State of residence; and (2) the State the person is leaving
must promptly notify the responsible registration agency in the
new State.
Sexually Violent Predator Designation. Section 2(a)(2)
amends provisions of the Wetterling Act concerning the
designation of certain offenders as ``sexually violent
predators.'' Current law provides that sexually violent
predators, as defined in the Act, are subject to a lifetime
registration period under the Act, and quarterly address
verification as opposed to the annual address verification for
other registrants. The Wetterling Act (as amended by the
Lychner Act) provides that the sexually violent predator
determination is to be made by the sentencing court after
receiving a report by a board composed of experts in the field
of the behavior and treatment of sexual offenders, victims'
rights advocates, and representatives from law enforcement
agencies. Paragraph (2) and subparagraphs (A), (B), and (C)
preserve current law with regard to sexually violent predator
designation but adopts two qualifications: First, the Attorney
General is allowed to approve alternative procedures for making
the sexually violent predator determination. The Committee
recognizes that a program which employs a mixed board of
psychological experts, victims' representatives, and law
enforcement personnel to make recommendations to a court is not
necessarily the only effective approach. Second, the amendment
more broadly allows the Attorney General to approve
registration programs which effectively protect the public from
exceptionally dangerous sex offenders even if they are not
congruent in all respects with the Wetterling Act's sexually
violent predator definition andprocedures. In fact, a review of
State sex offender registration laws indicates that very few States are
in full compliance with the Wetterling Act in this regard. Few States
currently follow the sexually violent predator approach in their
registration systems and many States have reported that it is
particularly difficult to modify their systems to include judicial
determinations of sexually violent predator status based on
psychological assessments.
However, States can, and in some instances already do,
incorporate other features into their systems which further the
objective of protecting the public from particularly dangerous
sex offenders. For example, some State programs have
registration periods for broadly defined categories of sex
offenders which are much longer than the basic 10-year
registration period under the Wetterling Act. This may provide
more protection for the public than heightened registration
requirements limited to a relatively small class of offenders
who would be classified as sexually violent predators. Also,
the Wetterling Act, as amended by the Lychner Act, now requires
lifetime registration for all recidivists in the Wetterling Act
offense categories, and for registrants who have been convicted
of aggravated offenses. Moreover, some States require civil
commitment, lifetime supervision, or very long periods of
imprisonment for sexually violent predators or broader classes
of serious sex offenders. Section 2(a)(2) makes it clear that
alternative approaches like these can be approved if a State's
approach is equally effective or more effective in protecting
the public from particularly dangerous sex offenders.
Offense Coverage. Section 2(a)(3) amends the Wetterling Act
relating to offenses for which registration is required. The
specification of offenses in the Wetterling Act was intended to
ensure comprehensive registration requirements for child
molestation offenses and for the most serious sexually
assaultive crimes against adult victims. However, the Committee
is aware that the degree of detail in the Act's offense
categories makes State compliance difficult, since all States
differ from the provisions of the Wetterling Act, and from each
other, in the terminology and categorizations they use in
defining sex offenses. Some States may inadvertently find
themselves out of compliance with the Wetterling Act because
the States' registration provisions are not exactly congruent
with one of the Wetterling Act's offense categories, even if
the offenses covered by the program are much broader in other
respects than required by the Wetterling Act. Paragraph 3 of
subsection (a) provides greater flexibility relating to
offenses for which registration is required by providing, in
effect, that a state program will be deemed in compliance if
its offense coverage is ``comparable to or * * * exceeds'' the
range of offense which is described specifically in the Act.
Definition of ``Employed, Carries on a Vocation'' and
``Student.'' Section 2(a)(4) defines ``employed, carries on a
vocation,'' to include 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. ``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.
Duties of Officials Responsible for Initial Registration.
Section 2(b)(1) amends language of the Wetterling Act
concerning the officials responsible for advising offenders of
their registration obligations at the time of release, and for
obtaining and initially submitting theregistration information.
Current law requires that these functions be carried out by a state
prison officer, or by the court in the case of a person released on
probation. Some States have indicated that it is not a function of the
court to fingerprint, photograph, or obtain much of the personal
information specified in the Wetterling Act. Paragraph (1) explicitly
provides that these functions may be carried out by a State prison
officer, the court, or ``another responsible officer or official.''
This change in current law is more consistent with the various State
programs and provides States with more flexibility as they collect and
forward initial registration information.
Section 2(b) also adds a new requirement that responsible
officials are to notify offenders that, in addition to
registration requirements required of them under the Wetterling
Act, such offenders are also required to register in any State
where the offender is employed, or carries on a vocation, or is
a student, if applicable. It is the expectation of the
Committee that States can establish administrative procedures
which would facilitate offender notification of this new
requirement without having to make changes in their State sex
offender registration statutes. It is the intent of the
Committee that the absence of such a State statute, in itself,
should not disqualify a State from receiving full Byrne Grant
funding.
General Procedures for Initial Submission of Registration
Information. Section 2(b) also amends the provision of the
Wetterling Act concerning submission and transmission of
initial registration information by responsible officials. The
new requirements provide more flexibility with regard to the
timing for submission of the information while maintaining that
information be promptly (1) made available to local law
enforcement where the registrant resides, (2) entered into the
appropriate state records or data system, and (3) transmitted
to the FBI.
Participation in the Interim National Sex Offender
Registry. Section 2(b)(2) requires that States participate in
the interim national sex offender registry in conformity with
the guidelines issued by the Attorney General. These provisions
also lighten the burden of certain data submission requirements
imposed on the States by the Lychner Act and make submission
requirements more consistent with current computer technology.
The original version of the Wetterling Act required
transmission of conviction data and fingerprints--but not
address information--to the FBI. However, under the Lychner
Act, which amended the Wetterling Act, registration
information--including address information--must be transmitted
to the FBI for inclusion into the National Sex Offender
Registry. Neither of these formulations is entirely sufficient.
The FBI has indicated that physical transmission by the States
of address information to the FBI is not necessary or useful at
the present time. This information can be made available on a
nationwide basis without physical transmission to the FBI
through the interim national sex offender registry, which
involves flagging registered sex offenders in the national
criminal records system and computer-linkage to the State
registries. It is important, however, to ensure that such
registration information from all the States will become
available through their participation in the interim national
registry. Provision of conviction data and fingerprints alone
will not achieve this objective. Moreover, in the future
development of the National Registry, registration information
from the States may be maintained directly in the FBI computer
systems, and transmission of such information by the States to
theFBI would then be necessary for operation of the system.
Requiring participation in the interim national registry in conformity
with the Attorney General's guidelines will ensure that the objectives
of the National Registry and the Lychner Act reforms are realized,
without burdening the States with unnecessary data transmission. It is
the expectation of the Committee that transmission of this information
to the FBI can be done by the States through administrative procedures
and therefore should not require changes in State statutes. It is the
intent of the Committee that the absence of such a State statute, in
itself, should not disqualify a State from receiving full Byrne Grant
funding.
Periodic Address Verification. Section 2(b)(3) amends
provisions of the Wetterling Act concerning periodic address
verification for registrants. Current law requires that
verification be accomplished by mailing (at least annually) to
the registrant at the registered address a nonforwardable
verification form, which the registrant must sign and return
within 10 days. The amendments in section 2(b)(3) maintain the
requirement of address verification at least annually but
afford states the option of adopting other verification
procedures. It is the view of the Committee that the
verification-form procedure is not necessarily the only
acceptable approach to effectively verifying a registrant's
address. A review of State sex offender registry laws indicates
that some States require registrants to appear in person
periodically at local law enforcement agencies to verify their
address (and for such purposes as photographing and
fingerprinting). Some States assign caseworkers to verify
periodically that registrants still reside at the registered
address. These alternative procedures effectively verify
registrants' location, and impress on registrants that they are
under observation by the authorities, in addition to making law
enforcement agencies aware of the presence and identity of
registered sex offenders in their neighborhoods.
Registration of Out-of-State Offenders, Federal Offenders,
Persons Sentenced by Courts Martial, and Offenders Crossing
State Borders. Section 2(b)(7) provides that States shall
ensure that their registration programs include procedures
which accept registration information from (1) persons who were
convicted in another State,1 convicted of a federal
offense, or sentenced by a court martial; and (2) nonresident
offenders who have crossed into another State in order to work
or to attend school. It is the expectation that the reception
of registration information from these new categories of
offenders can be accomplished through modification in
administrative procedures and therefore should not require
changes in State statutes. Although it would be preferable that
States fully incorporate federal offenders, persons sentenced
by courts martial, and offenders crossing State borders in
order to work or go to school, into their registration and
notification programs by statute, the Committee believes that
this decision is best left up to the States. It is the intent
of the Committee that the absence of such a State statute, in
itself, should not disqualify a State from receiving full Byrne
grant funding.
---------------------------------------------------------------------------
\1\ States are already required under current law, as interpreted
in the Wetterling Act guidelines (62 FR 39009, 39018), to register
resident offenders convicted in other States. Offenders who are
convicted in one State and move to another State should be required to
fully participate in the registration and notification program of that
new State of residence under penalty of State or federal law.
Provisions in the Wetterling Improvements Act maintain this
interpretation.
---------------------------------------------------------------------------
Registration Requirement of Offenders Crossing State
Borders. Section 2(c) amends the Wetterling Act to require
offenders to register in any State where the offender resides,
in addition to any State where the offender works or attends
school. Offenders who work or go to school in a neighboring
State will be required to register in that State, in addition
to the State in which the offender resides.
Release of Information. Section 2(d) makes conforming
changes to the general deletion of references to ``designated
State law enforcement Agency'' in the Wetterling Act allowing
for ``the State or any agency authorized by the State'' to
release relevant registration information as permitted by the
Act.
Immunity for Good Faith Conduct. Section 2(e) extends
immunity for good faith conduct to independent contractors
(such as computer terminal operators or software providers)
acting at the direction of law enforcement. Current law only
provides immunity for law enforcement agencies and their
personnel, and for other State officials, based on good faith
conduct under the Act.
FBI Registration. Section 2(f) amends provisions of the
Lychner Act redefining the concept of ``minimally sufficient.''
Specifically, these provisions address an unintended
consequence with the Lychner Act which requires direct
registration with the FBI of released sex offenders in States
that do not have ``minimally sufficient'' registration
programs. Congress enacted the Lychner Act with the expectation
that all 50 States had, or would soon have, registration
programs for sex offenders that would meet the Act's definition
of ``minimally sufficient.'' The provision that requires
offenders to register directly with the FBI was seen
accordingly as a back-stop or fail-safe measure that would
actually be used in few, if any States.
However, under the Lychner Act's definition of ``minimally
sufficient,'' existing State programs generally do not qualify,
despite the fact that all 50 States have established
registration requirements for released sex offenders. Section
2(b) amends current law concerning the definition of
``minimally sufficient'' to include all programs which require
registration for specified categories of released sex
offenders, require updating of address information on changes
of residence, and provide for verification of address at least
annually. Making the definition more flexible will help to
realize the objectives of the Wetterling Act and the Lychner
Act by encouraging strong State-based registration programs,
with direct registration with the FBI serving only as a
backstop or fail-safe measure. The FBI will remain responsible
for making the registration information collected under State
programs available on a nationwide basis through the operation
of the national sex offender registry.
Extension to Establish ``Minimally Sufficient'' Systems.
Section 2(g) provides, through cross reference to other
effective date provisions in the Lychner Act, that States have
three years (subject to a possible two-year extension) to
establish minimally sufficient registration programs for
purposes of the Lychner Act's direct registration requirements.
This will provide adequate time to ensure that the registration
programs of the 50 States are ``minimally sufficient'' under
the new changes incorporated by H.R. 1683, and time for D.C.
and the larger territories--which are treated as ``States'' for
Lychner, Wetterling purposes--to establish sex offender
registration programs. This provides a further safeguard
against the duplicative assumption by the FBI of direct
registration functions.
Federal Offenders and Military Personnel. Section 2(h)
provides for registration of federal offenders and military
personnel. Current law does not require registration of
released federal or military offenders. Subsection (h) adds a
new subsection to 18 U.S.C. 4042 which requires the Bureau of
Prisons to give notice to State and local law enforcement and
sex offender registration agencies concerning the release to
their areas of federal sex offenders. For federal sex offenders
sentenced to probation, the probation officers responsible for
supervision would be required to provide the same notice.
Probation officers also would be required to provide notice
concerning subsequent changes of address by released federal
sex offenders during any period of probation or post-
imprisonment supervised release or parole. If these functions
are not carried out directly by the probation officers, the
Administrative Office of the U.S. Courts would be required to
specify some alternative procedure for providing the notice.
Both imprisoned offenders and probationers would be informed
that they are required to register in the State in which they
reside. The procedures and requirements under the new
subsection are largely modeled on existing provisions in 18
U.S.C. 4042(b), which generally require notice to State and
local law enforcement concerning the release and subsequent
movements of federal offenders and drug offenders.
Subsection (h) also deletes notice in the existing notice
provisions (18 U.S.C. 4042 (b)(4)) that limits the use of
release notices to ``law enforcement purposes.'' This
implements a previous recommendation of the Attorney General to
Congress to delete the ``law enforcement purposes''
restriction, since this restriction could impede legitimate
uses of the release information (such as warning potential
victims, or employers who should not be hiring violent or drug
offenders considering the nature of the employment).
This subsection would also establish a new mandatory
condition of probation, supervised release, and parole for
federal sex offenders. The condition would require reporting of
current address information to the probation officer
responsible for supervision, and registering in any state where
the offender resides, works, or attends school.
Subsection (h) also directs the Secretary of Defense to
establish a comparable system for released military sex
offenders.
Registrants in the Federal Witness Protection Program.
Subsection (i) authorizes the Attorney General to provide
appropriate oversight and tracking for protected witnesses who
are subject to registration requirements, while protecting the
security and confidentiality of the identities of such persons.
For example, the Attorney General could provide, in relation to
a protected witness, that the U.S. Marshals Service is to carry
out some or all of the functions that would normally be carried
out by a State registration agency.
Sec 3. Sense of Congress and Report Relating to Stalking Laws.
Section 3(a) expresses the sense of Congress that States
should have in effect laws which make it a crime to stalk any
individual, but especially children. Moreover, it is the sense
of Congress that these stalking laws should not require
physical harm or actual abduction before the stalker can be
restrained or punished.
Section 3(b) integrates a provision in the bill for
reporting on laws concerning stalking of children with an
existing requirement for annual reports to Congress by the
Attorney General concerning State anti-stalking laws.
Sec. 4. Effective Date
This Section specifies the time for carrying out the bill's
reforms. The bill would generally take effect immediately, but
the provisions relating to federal and military offenders would
take effect after one year, and States would have three years
(subject to a possible two-year extension) to implement the
bill's Wetterling Act amendments which impose new
administrative requirements. The time specified for State
compliance with new requirements--three years, with a possible
two-year extension based on good faith efforts--is the same
provided for compliance with the Wetterling Act as originally
enacted (see 42 U.S.C. 14071(f)) and with the Lychner Act
amendments to the Wetterling Act (see section 10 of P.L. 104-
236).
----------
Committee Jurisdiction
House of Representatives,
Committee on the Judiciary,
Washington, DC, September 11, 1997.
Hon. Floyd D. Spence,
Chairman, Committee on National Security, House of Representatives,
Rayburn Office Building, Washington, DC.
Dear Mr. Chairman: The Committee on the Judiciary recently
marked up H.R. 1683, the ``Jacob Wetterling Crimes Against
Children and Sexually Violent Offenders Registration
Improvements Act of 1997.'' Section 2 of the bill as ordered
reported contains provisions concerning the requirement that
service members, convicted by court-martial of certain sex
offenses, register with appropriate state and local law
enforcement authorities. In addition, the bill would define
what constitutes a service member's state of residence for the
purpose of complying with the reporting requirements
established in the bill.
The Committee on the Judiciary acknowledges the
jurisdictional claim of the Committee on National Security with
respect to these provisions. Nevertheless, I ask that your
Committee waive any request for sequential referral of the bill
so that the House may consider H.R. 1683 without undue delay. I
will be pleased to ensure that your Committee's correspondence
with respect to this matter appears in our Committee's report
on the bill and is made a part of the record when H.R. 1683 is
considered in the House.
Thank you for your cooperation in this matter and I look
forward to working with the Committee on National Security when
this bill reaches the House floor.
Sincerely,
Henry J. Hyde,
Chairman.
----------
House of Representatives,
Committee on National Security,
Washington, DC, September 11, 1997.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary, House of Representatives,
Washington, DC.
Dear Mr. Chairman: I write with respect to H.R. 1683, the
Jacob Wetterling Crimes Against Children and Sexually Violent
Offenders Registration Improvements Act of 1997, which the
Committee on the Judiciary marked up recently. Section 2 of the
bill contains provisions that would require the registration
with federal and state authorities of service members convicted
by court-martial of certain sex offenses. Other provisions
would make specific determinations about service members' state
of residence for the purpose of registering with these
authorities. These provisions fall within the legislative
jurisdiction of the Committee on National Security pursuant to
Rule X of the Rules of the House of Representatives.
In recognition of your committee's desire to bring this
legislation expeditiously before the House of Representatives,
the Committee on National Security will not seek to have the
bill sequentially referred as a result of the inclusion of the
aforementioned provisions. This action in no way alters the
Committee on National Security's jurisdiction over the
provisions in question, and the committee will seek the
appointment of conferees in the event of a House-Senate
conference on H.R. 1683.
I would appreciate your including this letter as a part of
your committee's report on H.R. 1683 and as part of the record
during consideration of this bill by the House. Thank you for
your attention in this matter.
With warm personal regards, I am
Sincerely,
Floyd D. Spence,
Chairman.
Agency Views
U.S. Department of Justice,
Office of Legislative Affairs
Washington, DC, June 12, 1997.
Hon. Bill McCollum,
Chairman, Subcommittee on Crime, Committee on the Judiciary, House of
Representatives, Washington, DC.
Dear Mr. Chairman: This letter presents the preliminary
views of the Department of Justice concerning H.R. 1683, the
``Jacob Wetterling Crimes Against Children and Sexually Violent
Offenders Registration Improvements Act of 1997.'' The
Department of Justice strongly supports strengthening sex
offender registration and community notification laws. We would
also recommend certain changes to strengthen some of the
proposed reforms, as described below, and would like to
continue to work with you and other members of the Committee to
ensure the development of comprehensive sex offender
registration and notification systems.
H.R. 1683 is consistent with the Wetterling Act--Megan's
Law-Lychner Act system generally, and the bill's specific
proposals are best understood in the context of the complex
basic requirements and objectives of the existing law.\1\ As
you know, the Administration strongly supported enactment of
these laws as an essential tool to protect children and
families, and to give communities and neighborhoods peace of
mind that law enforcement is keeping tract of who the sex
offenders are and where they live. Since passage of these laws,
the Department has worked with the states to facilitate the
development of a nationwide system of sex offender registration
and community notification programs. Most recently, the
Department published proposed revised guidelines to implement
Megan's Law and clarify other issues concerning Wetterling Act
compliance (65 FR 16180).
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\1\ See, i.e. The Jacob Wetterling Crimes Against Children and
Sexually Violent Offender Registration Act (hereafter , the
``Wetterling Act''), Megan's Law, and the Pam Lychner Sexual Offender
Tracking and Identification Act (hereafter, the ``Lychner Act''). The
Wetterling Act, which was enacted by section 170101 of the Violent
Crime Control and Law Enforcement Act of 1994 (Pub. L. 103-322, 108
Stat. 1796, 2038), encourages states to establish effective sex
offender registration systems. Megan's Law is a separate enactment
(Pub. L. 104-145. 110 Stat. 1345 which amended the provisions of the
Wetterling Act relating to release of registration information. The
Lychner Act is also a separate enactment (Pub. L. 104-236, 110 Stat.
3093) which makes further amendments to the Wetterling Act, and also,
contains provisions to ensure the nationwide availability of sex
offender registration information to law enforcement. The collective
result of these enactments is codified in 42 U.S.C. 14071-72. The
Department of Justice issued guidelines for state compliance with the
original version of the Wetterling Act (61 FR 15110), and has more
recently published proposed revised guidelines to implement Megan's Law
and clarify other issues concerning Wetterling Act compliance (65 FR
16180).
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Sections 2 (a) and (b)--Allowing ``local input'' of registration
information
The amendments to the Wetterling Act proposed in section 2
(a)(1) and (b)(4) would explicitly authorize state registration
programs that involve submission of registration information to
the state registration agency through an intermediary, rather
than directly. This approach is consistent with the
Department's position as articulated in the proposed revision
of the Wetterling Act guidelines, as published for comment.
Section 2(a)(2)--Sexually violent predator certification
Section 2(a)(2) amends provisions of the Wetterling Act
concerning the certification of certain offenders as ``sexually
violent predators.'' It preserves the general Wetterling Act
system for determining who meets the definition of a ``sexually
violent predator,'' but allows the Attorney General to approve
alternative procedures for making recommendations to the
sentencing court concerning the ``sexually violent predator''
determination.
Alternative approaches may be equally effective in
realizing the Act's objective of protecting the public from
particularly dangerous offenders. For example, while input from
the perspective of law enforcement and victims is important,
this input can be provided directly by the prosecutor and the
victim at the sentencing hearing, as opposed to being merged in
a joint report with experts conducting a psychological
assessment of the offender.
Section 2(b)(1)--Officials responsible for initial registration
Section 2(b)(1) amends the language of the Wetterling Act
concerning the officials responsible for advising offenders of
their registration obligations at the time of release, and for
obtaining and initially submitting the registration
information. The Act currently provides that these functions
are to be carried out by ``a State prison officer,'' or by the
court in the case of a person released on probation. The
amendments provide that these functions would be carried out by
``a State prison officer, a designated State agency, the court,
or other responsible official.'' This change is consistent with
the Department's proposed Wetterling Act guidelines revision as
published for comment.
Section 2(b)(2)--General procedures for initial submission of
registration information
Section 2(b)(2) amends a provision of the Wetterling Act
concerning submission and transmission of initial registration
information. The changes, in part, are conforming changes to
the amendments discussed above which clarify that ``local
input'' approaches are consistent with the Act. The amended
language would also be more flexible than the current language
concerning the timing for submission of the information, while
maintaining requirements that information be promptly (1) made
available to local law enforcement where the registrant
resides, (2) entered into the appropriate state records or data
system, and (3) transmitted to the FBI.
We recommend a modification concerning transmission of data
to the FBI. The amendments in section 2(b)(2) follow the
original version of the Wetterling Act, which required
transmission of conviction data and fingerprints--but not
address information for registered offenders--to the FBI. Under
the Lychner Act amendments to the Wetterling Act, however,
registration information (i.e., primarily address information)
must also be transmitted to the FBI for inclusion in the
national sex offender registry.
We agree that physical transmission by the states of
address information to the FBI is unnecessary, because this
information can be made available to law enforcement on a
nationwide basis, without physical transmission to the FBI,
through the computer-linkage of state registries that the FBI
has established as the interim national sex offender registry.
It is important, however, to ensure that registration
information from all the states will become available through
the national registry, and provision of conviction data and
fingerprints alone would not achieve this objective. We
accordingly recommend including in the bill a provision that
states, as a condition of Wetterling Act compliance, must
participate in the national sex offender registry in conformity
with guidelines issued by the Attorney General. This would
ensure that the objectives of the national registry and the
Lychner Act reforms are realized, without burdening the states
with unnecessary data transmission.
Section 2(b)(3)--Periodic address verification
Section 2(b)(3) amends the provisions of the Wetterling Act
concerning periodic address verification for registrants.\2\
Currently, the Act requires that verification be accomplished
by mailing (at least annually) to the registrant at the
registered address a nonforwardable verification form, which
the registrant must sign and return within 10 days. The
amendments in section 2(b)(3) maintain the requirement of
address verification at least annually, but afford states the
option of adopting other verification procedures.
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\2\ The portion of the amendatory language in section 2(b)(3)(A)
does not conform to the language being amended and requires a technical
correction. In essence, the amendatory language should be a complete
substitute for the current lead-in language in 42 U.S.C.
14071(b)(3)(A), rather than insert which preserves part of the current
lead-in language.
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We agree that the verification-form procedure is not
necessarily the only effective or acceptable approach. For
example, some existing state programs require registrants to
appear in person periodically at local law enforcement agencies
to verify address (and for such purposes as photographing and
fingerprinting), or assign caseworkers to verify periodically
that registrants still reside at the registered address. These
alternative procedures can be as effective as the particular
approach specified in the Act in verifying registrants'
location, impressing on registrants that they are under
observation by the authorities, and making law enforcement
agencies aware of the presence and identity of registered sex
offenders in their areas.
Section 2(b)(4)-(5)--Change of address procedures
Section 2(b)(4)-(5) amends provisions of the Wetterling Act
concerning reporting of subsequent changes of address by
registrants. In part, these are conforming changes to the
amendments discussed above which clarify that ``local input''
approaches are consistent with the Act. The amended language
would also be more flexible than the current language
concerning the timing for reporting change of address
information, but it maintains requirements that (1) changes of
address must be reported by registrants in the manner provided
by state law; (2) the updated address information must be
provided promptly to a local law enforcement agency where the
registrant will reside; and (3) the information must be entered
into the appropriate state records or data system. It further
maintains requirements that: (1) registrants who move to
another state must notify the responsible registration agency
in the state they are leaving and comply registration
requirements in the new state of residence; and (2) the state
the person is leaving must promptly notify the responsible
registration agency in the new state.
We would recommend some refinements to strengthen these
provisions, for example, to ensure that updated address
information will be promptly entered into the appropriate state
records or data system, as well as being promptly to local law
enforcement agencies. We would be pleased to assist in
improving the formulation of this section.
Section 2(b)(6)--Interstate provisions
Section 2(b)(6), in part, would require released sex
offenders to comply with registration laws in states where they
work or go to school. Without more, these provisions would be
ineffective, because state law generally do not require workers
of students in the state (as opposed to residents) to register.
The intent of the provision appears to be to require states to
modify their registration laws so that non-resident workers and
students in the state are also required to register, in order
to improve both intrastate and interstate communication, and
notification. We generally support this objective, and would
recommend an alternative formulation.
Section 2(b)(6) also states requirements that registrants
on probation, parole, or other supervised release who move to
other states must register in accordance with the laws of their
new states of residence. It is unclear that what this adds to
the Act's provisions for registration by all covered sex
offenders--not just those on probation, parole or supervised
release--when they move interstate. We would be pleased to work
with Congress to address this and other drafting issues
presented by Section 2(b)(6).
Section 2(c)--Release of registration information
Section 2(c) contains amendments to the Wetterling Act's
information disclosure provisions.
The amendment proposed in section 2(c)(1) is a conforming
change to the general proposed deletion of references to
``designated State law enforcement agency'' in the Act. We
support this change. The provision to which this pertains,
following the Megan's Law amendments, currently appears in 42
U.S.C. 14071(d)(2).
The amendment proposed in section 2(c)(2), however, fails
to take into account a substantive change in the Wetterling
Act's information disclosure provisions which was enacted by
Megan's Law. The amendment affects a general requirement under
the original version of the Wetterling Act that would have
required registration information to be treated as ``private
data,'' to bedisclosed ``only for criminal justice purposes.''
However, Megan's Law deleted the general ``private data'' restriction,
and substituted a provision (current 42 U.S.C. 14071(d)(1)) that the
information collected under a state registration program may be
disclosed for any purpose permitted under the laws of the state. This
change was made on the basis of a recommendation of the Department of
Justice:
The requirement that registration information
generally be [t]reated as private data is not necessary
or helpful in realizing the objectives of the Jacob
Wetterling Act, and it imposes a limitation on the
States that did not exist prior to the enactment of the
Jacob Wetterling Act. We see no reason why States
should not generally be free to make their own
decisions concerning the extent to which registration
data should or should not be treated as private data,
as they have been in the past.
We accordingly recommended deletion of the provisions
that information collected under State registration
systems is generally to be treated as private data.
H.R. Rep. No. 555, 104th Cong., 2d Sess. 6 (1996) (committee
report for Megan's Law) (reproducing Department of Justice
views letter).
Section 2(d)--Extension of immunity for good faith conduct
The Wetterling Act currently provides immunity for law
enforcement agencies and their personnel, and for other state
officials, based on good faith conduct, under the Act. Section
2(d) would extend this immunity to independent contractors
acting at the direction of law enforcement agencies. We support
this extension.
Section 2(e)--Federal and military offenders
Section 2(e) contains amendments which are intended to
extend registration to sex offenders convicted in federal or
military courts.\3\ The amendments provide principally that
such offenders must register in accordance with the laws of the
states in which they reside, and that federal and military
authorities must ensure that these offenders are notified of
the registration obligation.
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\3\ In this section and possibly elsewhere, the bill refers to
``release from prison'' as triggering certain obligations. See, e.g.,
section 2(e)(3)(I). For purposes of clarity, we recommend substituting
the word ``custody'' for ``prison'' throughout the bill in order to
ensure coverage of correctional facilities other than actual prisons.
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We support the objectives of these provisions. The presence
in a state of a released sex offender whose whereabouts are
unknown to the authorities poses the same potential danger to
the public, regardless of whether the offender was convicted in
that state, in another state, or in a federal or military
court. While the Department's guidelines for the Wetterling Act
do encourage states to require registration for such offenders,
the Wetterling Act currently does not require registration of
released federal or military offenders.
To correct this problem it is not adequate to state that
sex offenders convicted in federal or military proceedings must
register in accordance with state law. Without more, there is
no assurance that states will require registration by released
federal and military sex offenders under their laws--at the
present time, some states do, but most do not--and there is no
way for state registration authorities to know if such released
offenders enter their jurisdictions but fail to register.
We should recommend the following elements for a
comprehensive and adequate set of amendments to ensure
registration by released federal and military sex offenders:
(1) provisions directing federal and military correctional
authorities to notify state registration agencies concerning
the release of such offenders to their jurisdictions; (2)
provisions directing federal and military correctional
authorities to advise such offenders concerning registration
obligations when they are released; (3) comparable provisions
ensuring notice to the states and notice concerning
registration obligations in relation to federal sex offenders
released on probation; (4) amendments making compliance with
state registration laws mandatory conditions of probation and
supervised release for released federal sex offenders; and (5)
an amendment to the Wetterling Act requiring states, as a
condition of compliance, to mandate registration for released
federal and military sex offenders who move into their
jurisdictions. We would be pleased to work with you to develop
a comprehensive approach to federal and military sex offender
registration as outlined above.
Section 3--Stalking laws
Section 3 expresses the sense of Congress that state
stalking laws should not require physical harm as an element in
relation to victims below the age of 16. A related provision in
section 2(b)(6) would require, through an amendment to the
Wetterling Act, that the states submit reports to the Attorney
General setting forth existing or proposed laws regarding
stalking crimes against individuals 16 years of age or younger.
We have no objection to the sense of Congress resolution in
section 3, but note that State stalking laws generally do not
require physical harm to the victim as an element, regardless
of the age of the victim. If there is a particular state or
states whose laws are inadequate in this respect, then the
problem should be corrected in relation to all victims, not
just those below the age of 16.
Based upon our initial review, we note that many of the
provisions in H.R. 1683 would afford states greater flexibility
in achieving the Wetterling Act's objectives. It should be made
clear, however, that updated address information must be
promptly entered into state records systems, that states must
participate in the national sex offender registry as a
condition of compliance, and that states must require
registration for federal and military sex offenders who move
into their areas as a condition of compliance. Additional
amendments and provisions to ensure effective registration of
federal and military sex offenders should also be incorporated.
The deletion by Megan's Law of the ``private data'' restriction
for registration information should not be undone. The special
provisions in the bill relating to offenders who work or go to
school in other states, and offenders released on probation or
parole who move to other states, are problematic in some
respects. We recommend that further consideration be given to
the substantive and formulation issues they raise, as indicated
above.
We would note that these are our preliminary comments on
H.R. 1683. In view of the complexity of interrelated
provisions, we hope to continue working with you to assure the
fulfillment of our mutual public safety goal--strong,
efficient, and fully integrated sex offender registration and
notification systems.
Finally, a number of provisions of H.R. 1683 would result
in substantial new requirements for the states, but the bill
does not generally provide any additional time to come into
compliance with these requirements. We would note for the
Committee that states may have difficulty coming into
compliance with these new requirements by the current statutory
deadline.
The Office of Management and Budget advises that there is
no objection to the submission of this report from the
standpoint of the Administration's program.
Sincerely,
Andrew Fois,
Assistant Attorney General
---------- .
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italics, existing law in which no change is proposed
is shown in roman):
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
* * * * * * *
TITLE XVII--CRIMES AGAINST CHILDREN
Subtitle A--Jacob Wetterling Crimes Against Children and Sexually
Violent Offender Registration Act
SEC. 170101. ESTABLISHMENT OF PROGRAM.
(a) In General.--
(1) State guidelines.--The Attorney General shall
establish guidelines for State programs that require--
(A) a person who is convicted of a criminal
offense against a victim who is a minor or who
is convicted of a sexually violent offense to
register a current address [with a designated
State law enforcement agency] for the time
period specified in subparagraph (A) of
subsection (b)(6); and
(B) a person who is a sexually violent
predator to register a current address [with a
designated State law enforcement agency] unless
such requirement is terminated under
subparagraph (B) of subsection (b)(6).
[(2) Court determination.--A determination that a
person is a sexually violent predator and a
determination that a person is no longer a sexually
violent predator shall be made by the sentencing court
after receiving a report by a State board composed of
experts in the field of the behavior and treatment of
sexual offenders, victim rights advocates, and
representatives from law enforcement agencies.]
(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.
(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.
(3) Definitions.--For purposes of this section:
(A) The term ``criminal offense against a
victim who is a minor'' means any criminal
offense [that consists of--] in a range of
offenses specified by State law which is
comparable to or which exceeds the following
range of offenses:
(i) * * *
* * * * * * *
(B) The term ``sexually violent offense''
means any criminal offense [that consists of]
in a range of offenses specified by State law
which is comparable to or which exceeds the
range of offenses encompassed by aggravated
sexual abuse or sexual abuse (as described in
sections 2241 and 2242 of title 18, United
States Code, or as described in the State
criminal code) or an offense that has as its
elements engaging in physical contact with
another person with intent to commit aggravated
sexual abuse or sexual abuse (as described in
such sections of title 18, United States Code,
or as described in the State criminal code).
* * * * * * *
(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) Registration Requirement Upon Release, Parole, Supervised
Release, or Probation.--An approved State registration program
established under this section shall contain the following
elements:
[(1) Duty of state prison official or court.--]
(1) Duties of responsible officials.--
(A) If a person who is required to register
under this section is released from prison, or
placed on parole, supervised release, or
probation, a State prison officer, [or in the
case of probation, the court] the court, or
another responsible officer or official,
shall--
(i) inform the person of the duty to
register and obtain the information
required for such registration;
(ii) inform the person that if the
person changes residence address, the
person shall [give the new address to a
designated State law enforcement agency
in writing within 10 days] report the
change of address as provided by State
law;
(iii) inform the person that if the
person changes residence to another
State, the person [shall register the
new address with the law enforcement
agency with whom the person last
registered, and the person is also
required to register with a designated
law enforcement agency in the new State
not later than 10 days after
establishing residence in the new
State, if the new State has a
registration requirement] 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;
* * * * * * *
(B) In addition to the requirements of
subparagraph (A), for a person required to
register under subparagraph (B) of subsection
(a)(1), the State prison officer [or the
court], the court, or another responsible
officer or official, as the case may be, shall
obtain the name of the person, identifying
factors, anticipated future residence, offense
history, and documentation of any treatment
received for the mental abnormality or
personality disorder of the person.
[(2) Transfer of information to state and the fbi.--
The officer, or in the case of a person placed on
probation, the court, shall, within 3 days after
receipt of information described in paragraph (1),
forward it to a designated State law enforcement
agency. The State law enforcement agency shall
immediately enter the information into the appropriate
State law enforcement record system and notify the
appropriate law enforcement agency having jurisdiction
where the person expects to reside. The State law
enforcement agency shall also immediately transmit all
information described in paragraph (1) to the Federal
Bureau of Investigation for inclusion in the FBI
database described in section 170102.]
(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) Verification.--
(A) For a person required to register under
subparagraph (A) of subsection (a)(1), [on each
anniversary of the person's initial
registration date during the period in which
the person is required to register under this
section the following applies:
[(i) The designated State law
enforcement agency shall mail a
nonforwardable verification form to the
last reported address of the person.
[(ii) The person shall mail the
verification form to the designated
State law enforcement agency within 10
days after receipt of the form.
[(iii) The verification form shall be
signed by the person, and state that
the person still resides at the address
last reported to the designated State
law enforcement agency. The person
shall include with the verification
form, fingerprints and a photograph of
that person.
[(iv) If the person fails to mail the
verification form to the designated
State law enforcement agency within 10
days after receipt of the form, the
person shall be in violation of this
section unless the person proves that
the person has not changed the
residence address.] State procedures
shall provide for verification of
address at least annually.
(B) The provisions of subparagraph (A) shall
be applied to a person required to register
under subparagraph (B) of subsection (a)(1),
except that such person must verify the
registration every 90 days after the date of
the initial release or commencement of parole.
(4) Notification of local law enforcement agencies of
changes in address.--A change of address by a person
required to register under this [section reported to
the designated State law enforcement agency shall be
immediately reported to the appropriate law enforcement
agency having jurisdiction where the person is
residing. The designated law enforcement agency shall,
if the person changes residence to another State,
notify the law enforcement agency with which the person
must register in the new State, if the new State has a
registration requirement] 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) Registration for change of address to another
state.--A person who has been convicted of an offense
which requires registration under this section [shall
register the new address with a designated law
enforcement agency in another State to which the person
moves not later than 10 days aftersuch person
establishes residence in the new State, if the new State has a
registration requirement] 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.
* * * * * * *
(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.--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.
[(c)] (d) Penalty.--A person required to register under a
State program established pursuant to this section who
knowingly fails to so register and keep such registration
current shall be subject to criminal penalties in any State in
which the person has so failed.
[(d)] (e) Release of Information.--
(1) The information collected under a State
registration program may be disclosed for any purpose
permitted under the laws of the State.
(2) [The designated State law enforcement agency and
any local law enforcement agency authorized by the
State agency] The State or any agency authorized by the
State shall release relevant information that is
necessary to protect the public concerning a specific
person required to register under this section, except
that the identity of a victim of an offense that
requires registration under this section shall not be
released.
[(e)] (f) Immunity for Good Faith Conduct.--Law enforcement
agencies, employees of law enforcement agencies[, and State
officials] and independent contractors acting at the direction
of such agencies, and State officials shall be immune from
liability for good faith conduct under this section.
[(f)] (g) Compliance.--
(1) * * *
* * * * * * *
[(g)] (h) Fingerprints.--Each requirement to register under
this section shall be deemed to also require the submission of
a set of fingerprints of the person required to register,
obtained in accordance with regulations prescribed by the
Attorney General under section 170102(h).
SEC. 170102. FBI DATABASE.
(a) Definitions.--For purposes of this section--
(1) * * *
(2) the terms ``criminal offense against a victim who
is a minor'', ``sexually violent offense'', ``sexually
violent predator'', ``mental abnormality'', [and
``predatory''] ``predatory'', ``employed, or carries on
a vocation'', and ``student'' have the same meanings as
in section 170101(a)(3); and
(3) the term ``minimally sufficient sexual offender
registration program'' means any State sexual offender
registration program that--
(A) requires the registration of each
offender who is convicted of an offense in a
range of offenses specified by State law which
is comparable to or exceeds that described in
subparagraph (A) or (B) of section
170101(a)(1);
[(B) requires that all information gathered
under such program be transmitted to the FBI in
accordance with subsection (g) of this section;
[(C) meets the requirements for verification
under section 170101(b)(3); and]
(B) participates in the national database
established under subsection (b) of this
section in conformity with guidelines issued by
the Attorney General;
(C) provides for verification of address at
least annually;
* * * * * * *
----------
SECTION 10 OF THE PAM LYCHNER SEXUAL OFFENDER TRACKING AND
IDENTIFICATION ACT OF 1996
SEC. 10. EFFECTIVE DATE.
(a) * * *
* * * * * * *
(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.
----------
TITLE 18, UNITED STATE CODE
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 224--PROTECTION OF WITNESSES
* * * * * * *
Sec. 3521. Witness relocation and protection
(a) * * *
(b)(1) In connection with the protection under this chapter
of a witness, a potential witness, or an immediate family
member or close associate of a witness or potential witness,
the Attorney General shall take such action as the Attorney
General determines to be necessary to protect the person
involved from bodily injury and otherwise to assure the health,
safety, and welfare of that person, including the psychological
well-being and social adjustment of that person, for as long
as, in the judgment of the Attorney General, the danger to that
person exists. The Attorney General may, by regulation--
(A) * * *
* * * * * * *
(G) disclose or refuse to disclose the identity or
location of the person relocated or protected, or any
other matter concerning the person or the program after
weighing the danger such a disclosure would pose to the
person, the detriment it would cause to the general
effectiveness of the program, and the benefit it would
afford to the public or to the person seeking the
disclosure, except that the Attorney General shall,
upon the request of State or local law enforcement
officials or pursuant to a court order, without undue
delay, disclose to such officials the identity,
location, criminal records, and fingerprints relating
to the person relocated or protected when the Attorney
General knows or the request indicates that the person
is under investigation for or has been arrested for or
charged with an offense that is punishable by more than
one year in prison or that is a crime of violence;
[and]
(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
[(H)] (I) exempt procurement for services, materials,
and supplies, and the renovation and construction of
safe sites within existing buildings from other
provisions of law as may be required to maintain the
security of protective witnesses and the integrity of
the Witness Security Program.
The Attorney General shall establish an accurate, efficient,
and effective system of records concerning the criminal history
of persons provided protection under this chapter in order to
provide the information described in subparagraph (G).
* * * * * * *
CHAPTER 227--SENTENCES
* * * * * * *
SUBCHAPTER B--PROBATION
* * * * * * *
Sec. 3563. Conditions of probation
(a) Mandatory Conditions.--The court shall provide, as an
explicit condition of a sentence of probation--
(1) * * *
* * * * * * *
(6) that the defendant--
(A) make restitution in accordance with
sections 2248, 2259, 2264, 2327, 3663, 3663A,
and 3664; and
(B) pay the assessment imposed in accordance
with section 3013; [and]
(7) that the defendant will notify the court of any
material change in the defendant's economic
circumstances that might affect the defendant's ability
to pay restitution, fines, or special assessments[. The
results of a drug test administered in accordance with
paragraph (4) shall be subject to confirmation only if
the results are positive, the defendant is subject to
possible imprisonment for such failure, and either the
defendant denies the accuracy of such test or there is
some other reason to question the results of the test.
A defendant who tests positive may be detained pending
verification of a positive drug test result. A drug
test confirmation shall be a urine drug test confirmed
using gas chromatography/mass spectrometry techniques
or such test as the Director of the Administrative
Office of the United States Courts after consultation
with the Secretary of Health and Human Services may
determine to be of equivalent accuracy. The court shall
consider whether the availability of appropriate
substance abuse treatment programs, or an individual's
current or past participation in such programs,
warrants an exception in accordance with United States
Sentencing Commission guidelines from the rule of
section 3565(b), when considering any action against a
defendant who fails a drug test administered in
accordance with paragraph (4).]; and
(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).
If the court has imposed and ordered execution of a fine and
placed the defendant on probation, payment of the fine or
adherence to the court-established installment schedule shall
be a condition of the probation.
* * * * * * *
(e) Results of Drug Testing.--The results of a drug test
administered in accordance with subsection (a)(5) shall be
subject to confirmation only if the results are positive, the
defendant is subject to possible imprisonment for such failure,
and either the defendant denies the accuracy of such test or
there is some other reason to question the results of the test.
A defendant who tests positive may be detained pending
verification of a positive drug test result. A drug test
confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States
Courts after consultation with the Secretary of Health and
Human Services may determine to be of equivalent accuracy. The
court shall consider whether the availability of appropriate
substance abuse treatment programs, or an individual's current
or past participation in such programs, warrants an exception
in accordance with United States Sentencing Commission
guidelines from the rule of section 3565(b), when considering
any action against a defendant who fails a drug test
administered in accordance with subsection (a)(5).
* * * * * * *
SUBCHAPTER D--IMPRISONMENT
* * * * * * *
Sec. 3583. Inclusion of a term of supervised release after imprisonment
(a) * * *
* * * * * * *
(d) Conditions of Supervised Release.--The court shall order,
as an explicit condition of supervised release, that the
defendant not commit another Federal, State, or local crime
during the term of supervision and that the defendant not
unlawfully possess a controlled substance. The court shall
order as an explicit condition of supervised release for a
defendant convicted for the first time of a domestic violence
crime as defined in section 3561(b) that the defendant attend a
public, private, or private nonprofit offender rehabilitation
program that has been approved by the court, in consultation
with a State Coalition Against Domestic Violence or other
appropriate experts, if an approved program is readily
available within a 50-mile radius of the legal residence of the
defendant. 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). The court shall also
order, as an explicit condition of supervised release, that the
defendant refrain from any unlawful use of a controlled
substance and submit to a drug test within 15 days of release
on supervised release and at least 2 periodic drug tests
thereafter (as determined by the court) for use of a controlled
substance. The condition stated in the preceding sentence may
be ameliorated or suspended by the court as provided in section
3563(a)(4). The results of a drug test administered in
accordance with the preceding subsection shall be subject to
confirmation only if the results are positive, the defendant is
subject to possible imprisonment for such failure, and either
the defendant denies the accuracy of such test or there is some
other reason to question the results of the test. A drug test
confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the
Director of the Administrative Office of the United States
Courts after consultation with the Secretary of Health and
Human Services may determine to be of equivalent accuracy. The
court shall consider whether the availability of appropriate
substance abuse treatment programs, or an individual's current
or past participation in such programs, warrants an exception
in accordance with United States Sentencing Commission
guidelines from the rule of section 3583(g) when considering
any action against a defendant who fails a drug test. The court
may order, as a further condition of supervised release, to the
extent that such condition--
(1) * * *
* * * * * * *
PART III--PRISONS AND PRISONERS
* * * * * * *
CHAPTER 303--BUREAU OF PRISONS
* * * * * * *
Sec. 4042. Duties of Bureau of Prisons
(a) In General.--The Bureau of Prisons, under the direction
of the Attorney General, shall--
(1) * * *
* * * * * * *
(5) provide notice of release of prisoners in
accordance with [subsection (b)] subsections (b) and
(c).
(b) Notice of Release of Prisoners.--(1) * * *
* * * * * * *
[(4) The notice provided under this section shall be used
solely for law enforcement purposes.]
(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 toa 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.
(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).
[(c)] (d) Application of Section.--This section shall not
apply to military or naval penal or correctional institutions
or the persons confined therein.
* * * * * * *
CHAPTER 311--REPEALED \1\
---------------------------------------------------------------------------
\1\ This chapter is repealed by section 218(a)(5) of the Sentencing
Reform Act of 1984 (98 Stat. 2027). Section 235(b)(1)(A) of such Act
(as amended by section 316 of Public Law 101-650 and section 2(a) of
Public Law 104-232), provides that this chapter ``shall remain in
effect for fifteen years after the effective as to an individual
convicted of an offense or adjudicated to be a juvenile delinquent
before the effective date and as to a term of imprisonment during the
period described in subsection (a)(1)(A)''.
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* * * * * * *
Sec. 4209. Conditions of parole
(a) In every case, the Commission shall impose as conditions
of parole that the parolee not commit another Federal, State,
or local crime, that the parolee not possess illegal controlled
substances. and, if a fine was imposed, that the parolee make a
diligent effort to pay the fine in accordance with the
judgment. 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). In every case, the
Commission shall also impose as a condition of parole that the
parolee pass a drug test prior to release and refrain from any
unlawful use of a controlled substance and submit to at least 2
periodic drug tests (as determined by the Commission) for use
of a controlled substance. The condition stated in the
preceding sentence may be ameliorated or suspended by the
Commission for any individual parolee if it determines that
there is good cause for doing so. The results of a drug test
administered in accordance with the provisions of the preceding
sentence shall be subject to confirmation only if the results
are positive, the defendant is subject to possible imprisonment
for such failure, and either the defendant denies the accuracy
of such test or there is some other reason to question the
results of the test. A drug test confirmation shall be urine
drug test confirmed using gas chromatography/mass spectrometry
techniques or such test as the Director of the Administrative
Office of the United States Courts after consultation with the
Secretary of Health and Human Services may determine to be of
equivalent accuracy. The Commission shall consider whether the
availability of appropriate substance abuse treatment programs,
or an individual's current or past participation in such
programs, warrants an exception in accordance with United
States Sentencing Commission guidelines from the rule of
section 4214(f) when considering any action against a defendant
who fails a drug test. The Commission may impose or modify
other conditions of parole to the extent that such conditions
are reasonably related to--
(1) the nature and circumstances of the offense; and
(2) the history and characteristics of the parolee;
and may provide for such supervision and other limitations as
are reasonable to protect the public welfare.
* * * * * * *
DISSENTING VIEWS
In 1994, Congress enacted the Jacob Wetterling Crimes
Against Children and Sexually Violent Offender Registration Act
(the ``Act''),1 which encourages states to operate
sex offender registration programs. States which operate such
programs will receive certain criminal justice grant funds;
states which do not operate such programs are denied access to
these funds. The Act specifies in considerable detail precisely
what a state must do to qualify its program as an ``approved
state registration program.'' 2 For example: state
prison officials and courts must inform convicts of certain
facts and obtain fingerprints and photographs from inmates upon
their release; state prison officials and courts must transfer
certain information to federal authorities and to other states;
states must enact legislation requiring individuals convicted
of certain offenses to register with law enforcement officials;
and states must impose penalties on individuals who fail to
register.
---------------------------------------------------------------------------
\1\ Violent Crime Control and Law Enforcement Act of 1994, Pub. Law
103-322, Sept., 13, 1994, at Section 170101, codified at 42 U.S.C.
section 14071.
\2\ Id. at section 170101(b).
---------------------------------------------------------------------------
Administering the Act has proved to be quite complex, and
states have encountered numerous difficulties and questions in
their efforts to implement registration programs. As we
understand it, H.R. 1683 is intended to clarify certain matters
under the Act, and to impose certain additional requirements on
state registration programs that were omitted in the original
Act.
Some of the undersigned support the Act; others of the
undersigned oppose it. Some of the undersigned believe the
modifications sought to be effected by H.R. 1683 are
worthwhile; others believe they are unnecessary extensions of
an unwise statute.
All of us agree, however, that H.R. 1683 is seriously
deficient in that it fails to address the danger of unjust
application of sex offender registration laws, a danger which
has become apparent in the three years since the Act became
law. Specifically, the bill does nothing to prevent states from
forcing people who have been convicted of consensual adult
sodomy or similar offenses to register as sex offenders. This
is a glaring omission, and we believe it must be corrected.
The Act was designed to protect the community, especially
young children, from violence at the hands of recidivist sex
offenders. The registration requirements were aimed at those
with a history of, and therefore a presumed propensity for,
forcible victimization of others.
However, at least four states--Kansas,3
Louisiana,4 Mississippi 5 and South
Carolina 6--have laws on the books requiring people
who have been convicted of offenses designated variously as
``sodomy,'' ``unnatural intercourse'' and ``buggery'' to
register as sex offenders. The Act was never intended to have
that result. There is no reason whatever to think that
individuals convicted under these so-called ``offenses'' (a
category comprised primarily of gay men and lesbians, but which
also includes some heterosexual individuals) pose any danger to
the community. These so-called ``crimes'' involve no force or
threat of force, nor do they involve adults having sex with
children (that would be covered by more serious charges, and we
do not object here to the inclusion of such crimes under this
statute). The Act was never intended to result in people
convicted of these ``offenses'' being required to register as
sex offenders. Indeed, these ``offenses'' should not be in the
criminal code at all.7 They certainly have nothing
to do with genuine predatory offenses such as rape and child
molestation.
---------------------------------------------------------------------------
\3\ K.S.A. Section 22-4902(a)(4) (requiring persons convicted of
sodomy to register as sex offenders); K.S.A. Section 21-3505 (defining
sodomy).
\4\ La. R.S. Section 542.E (requiring persons convicted of certain
offenses to register as sex offenders); id. at 14:89 (defining sodomy).
\5\ Miss. Code Ann. Section 45-33-1(4)(d) (requiring persons
convicted of unnatural intercourse to register as sex offenders); id.
at 97-29-59 (defining unnatural intercourse).
\6\ S.C. Code Ann. Section 23-3-430(C)(10) (requiring persons
convicted of buggery to register as sex offenders); id. at 16-15-120
(defining buggery).
\7\ We note that state sodomy laws are archaic. Many of the states
which at one time had such laws have repealed them, and in other states
the laws have been declared invalid or unenforceable under state
constitutions. It is our understanding that in the states which do
continue to enforce such laws, prosecutions are now rare. However, in
earlier decades prosecutions were much more frequent, with the result
that there are a large number of individuals with decades-old
convictions, who may be subject to registration requirements.
---------------------------------------------------------------------------
We note that some individuals who have been convicted under
sodomy statutes are heterosexual individuals.8 It is
clear, however, that historically these statutes have been used
to persecute gay men and lesbians. It is bad enough that
individuals have been convicted under homophobic sodomy
statutes. It is unconscionable to victimize these individuals
further by forcing them to register with the police as ``sex
offenders'' for the rest of their lives.
---------------------------------------------------------------------------
\8\ The Louisiana, Mississippi and South Carolina statutes apply to
heterosexual sodomy as well as homosexual activity. The Kansas statute
is limited to same-sex acts.
---------------------------------------------------------------------------
As a result of the Act, every state now has sex offender
registration laws. We should make sure that these laws do not
discriminate against gay men and lesbians. States that require
people with sodomy convictions to register as sex offenders are
lumping gay men and lesbians who are innocent of any genuinely
wrongful activity together with rapists and child molesters.
At the Judiciary Committee meeting to mark up H.R. 1683,
Rep. Schumer offered an amendment to address this problem.
Under the amendment, states that require people convicted of
consensual adult sodomy to register as sex offenders would be
disqualified from receiving funds under the Act. This amendment
was defeated. We supported the amendment, and believe that H.R.
1683 will be seriously flawed unless the amendment is added to
the bill.
Committee members opposing the amendment objected to the
amendment on the ground that it would inject the federal
government into a decision properly made by the states. We find
this argument specious.
The Act already imposes a multitude of requirements on
states. The Act contains four full pages of dense statutory
text telling states how their sex offender registration
programs must operate. The Act further directs the Attorney
General to issue guidelines spelling out in even greater detail
exactly what the states must do to qualify for funding--these
guidelines are ____ pages long. The amendment we supported
would simply have added an additional requirement to these
pages and pages of requirement. It is inconsistent to support
the Act--as those who opposed the Schumer amendment do--yet to
oppose the amendment on federalism grounds.
COMMITTEE ON THE JUDICIARY
(democratic members)
John Conyers, Jr.
Charles Schumer.
Jerrold Nadler.
Boddy C. Scott.
Maxine Waters.
William D. Delahunt.
Barney Frank.
Howard Berman.
Melvin L. Watt.
Sheila Jackson Lee.
Marty Meehan.