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“JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT OFFENDERS REGISTRATION IMPROVEMENTS ACT OF 1997” mentioning the U.S. Dept. of Justice was published in the House of Representatives section on pages H7626-H7632 on Sept. 23, 1997.
The publication is reproduced in full below:
JACOB WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT OFFENDERS
REGISTRATION IMPROVEMENTS ACT OF 1997
Mr. McCOLLUM. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1683) to clarify the standards for State sex offender registration programs under the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, as amended.
The Clerk read as follows:
H.R. 1683
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jacob Wetterling Crimes Against Children and Sexually Violent Offenders Registration Improvements Act of 1997''.
SEC. 2. STANDARDS FOR SEX OFFENDER REGISTRATION PROGRAMS.
(a) In General.--Section 170101(a) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``with a designated State law enforcement agency''; and
(B) in subparagraph (B), by striking ``with a designated State law enforcement agency'';
(2) by striking paragraph (2) and inserting the following:
``(2) Determination of sexually violent predator status; waiver; alternative measures.--
``(A) In general.--A determination of whether a person is a sexually violent predator for purposes of this section shall be made by a court after considering the recommendation of a board composed of experts in the behavior and treatment of sex offenders, victims' rights advocates, and representatives of law enforcement agencies.
``(B) Waiver.--The Attorney General may waive the requirements of subparagraph (A) if the Attorney General determines that the State has established alternative procedures or legal standards for designating a person as a sexually violent predator.
``(C) Alternative measures.--The Attorney General may also approve alternative measures of comparable or greater effectiveness in protecting the public from unusually dangerous or recidivistic sexual offenders in lieu of the specific measures set forth in this section regarding sexually violent predators.''; and
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``that consists of--'' and inserting ``in a range of offenses specified by State law which is comparable to or which exceeds the following range of offenses:'';
(B) in subparagraph (B), by striking ``that consists of'' and inserting ``in a range of offenses specified by State law which is comparable to or which exceeds the range of offenses encompassed by''; and
(4) by adding at the end the following:
``(F) The term `employed, carries on a vocation' includes employment that is full-time or part-time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit; and
``(G) The term `student' means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade, or professional institution, or institution of higher education.''.
(b) Requirements Upon Release, Parole, Supervised Release, or Probation.--Section 170101(b) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(b)) is amended--
(1) in paragraph (1)--
(A) by striking the paragraph designation and heading and inserting the following:
``(1) Duties of responsible officials.--'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking ``or in the case of probation, the court'' and inserting ``the court, or another responsible officer or official'';
(ii) in clause (ii), by striking ``give'' and all that follows before the semicolon and inserting ``report the change of address as provided by State law''; and
(iii) in clause (iii), by striking ``shall register'' and all that follows before the semicolon and inserting ``shall report the change of address as provided by State law and comply with any registration requirement in the new State of residence, and inform the person that the person must also register in a State where the person is employed, carries on a vocation, or is a student''; and
(C) in subparagraph (B), by striking ``or the court'' and inserting ``, the court, or another responsible officer or official'';
(2) by striking paragraph (2) and inserting the following:
``(2) Transfer of information to state and fbi; participation in national sex offender registry.--
``(A) State reporting.--State procedures shall ensure that the registration information is promptly made available to a law enforcement agency having jurisdiction where the person expects to reside and entered into the appropriate State records or data system. State procedures shall also ensure that conviction data and fingerprints for persons required to register are promptly transmitted to the Federal Bureau of Investigation.
``(B) National reporting.--A State shall participate in the national database established under section 170102(b) in accordance with guidelines issued by the Attorney General, including transmission of current address information and other information on registrants to the extent provided by the guidelines.'';
(3) in paragraph (3)(A)--
(A) in the matter preceding clause (i), by striking ``on each'' and all that follows through ``applies:'' and inserting the following: ``State procedures shall provide for verification of address at least annually.''; and
(B) by striking clauses (i) through (v);
(4) in paragraph (4), by striking ``section reported'' and all that follows before the period at the end and inserting the following: ``section shall be reported by the person in the manner provided by State law. State procedures shall ensure that the updated address information is promptly made available to a law enforcement agency having jurisdiction where the person will reside and entered into the appropriate State records or data system'';
(5) in paragraph (5), by striking ``shall register'' and all that follows before the period at the end and inserting
``and who moves to another State, shall report the change of address to the responsible agency in the State the person is leaving, and shall comply with any registration requirement in the new State of residence. The procedures of the State the person is leaving shall ensure that notice is provided promptly to an agency responsible for registration in the new State, if that State requires registration''; and
(6) by adding at the end the following:
``(7) Registration of out-of-state offenders, federal offenders, persons sentenced by courts martial, and offenders crossing state borders.--As provided in guidelines issued by the Attorney General, each State shall ensure that procedures are in place to accept registration information from--
``(A) persons who were convicted in another State, convicted of a Federal offense, or sentenced by a court martial; and
``(B) nonresident offenders who have crossed into another State in order to work or attend school.''.
(c) Registration of Offender Crossing State Border.--Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(c)) is amended by redesignating subsections (c) through (f) as (d) through (g), respectively, and inserting after subsection (b) the following:
``(c) Registration of Offender Crossing State Border.--Any person who is required under this section to register in the State in which such person resides shall also register in any State in which the person is employed, carries on a vocation, or is a student.''.
(d) Release of Information.--Section 170101(e)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(e)(2)), as redesignated by subsection (c) of this section, is amended by striking ``The designated'' and all that follows through ``State agency'' and inserting ``The State or any agency authorized by the State''.
(e) Immunity for Good Faith Conduct.--Section 170101(f) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(f)), as redesignated by subsection (c) of this section, is amended by striking ``, and State officials'' and inserting ``and independent contractors acting at the direction of such agencies, and State officials''.
(f) FBI Registration.--(1) Section 170102(a)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14072(a)(2)) is amended by striking ``and `predatory'
'' and inserting the following: `` `predatory', `employed, or carries on a vocation', and `student' ''.
(2) Section 170102(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14072(a)(3)) is amended--
(A) in subparagraph (A), by inserting ``in a range of offenses specified by State law which is comparable to or exceeds that'' before ``described'';
(B) by amending subparagraph (B) to read as follows:
``(B) participates in the national database established under subsection (b) of this section in conformity with guidelines issued by the Attorney General;''; and
(C) by amending subparagraph (C) to read as follows:
``(C) provides for verification of address at least annually;''.
(g) Pam Lychner Sexual Offender Tracking and Identification Act of 1996.--Section 10 of the Pam Lychner Sexual Offender Tracking and Identification Act of 1996 is amended by inserting at the end the following:
``(d) Effective Date.--States shall be allowed the time specified in subsection (b) to establish minimally sufficient sexual offender registration programs for purposes of the amendments made by section 2. Subsections (c) and (k) of section 170102 of the Violent Crime Control and Law Enforcement Act of 1994, and any requirement to issue related regulations, shall take effect at the conclusion of the time provided under this subsection for the establishment of minimally sufficient sexual offender registration programs.''.
(h) Federal Offenders and Military Personnel.--(1) Section 4042 of title 18, United States Code, is amended--
(A) in subsection (a)(5), by striking ``subsection (b)'' and inserting ``subsections (b) and (c)'';
(B) in subsection (b), by striking paragraph (4);
(C) by redesignating subsection (c) as subsection (d); and
(D) by inserting after subsection (b) the following:
``(c) Notice of Sex Offender Release.--(1) In the case of a person described in paragraph (4) who is released from prison or sentenced to probation, notice shall be provided to--
``(A) the chief law enforcement officer of the State and of the local jurisdiction in which the person will reside; and
``(B) a State or local agency responsible for the receipt or maintenance of sex offender registration information in the State or local jurisdiction in which the person will reside.
The notice requirements under this subsection do not apply in relation to a person being protected under chapter 224.
``(2) Notice provided under paragraph (1) shall include the information described in subsection (b)(2), the place where the person will reside, and the information that the person shall be subject to a registration requirement as a sex offender. For a person who is released from the custody of the Bureau of Prisons whose expected place of residence following release is known to the Bureau of Prisons, notice shall be provided at least 5 days prior to release by the Director of the Bureau of Prisons. For a person who is sentenced to probation, notice shall be provided promptly by the probation officer responsible for the supervision of the person, or in a manner specified by the Director of the Administrative Office of the United States Courts. Notice concerning a subsequent change of residence by a person described in paragraph (4) during any period of probation, supervised release, or parole shall also be provided to the agencies and officers specified in paragraph (1) by the probation officer responsible for the supervision of the person, or in a manner specified by the Director of the Administrative Office of the United States Courts.
``(3) The Director of the Bureau of Prisons shall inform a person described in paragraph (4) who is released from prison that the person shall be subject to a registration requirement as a sex offender in any State in which the person resides, is employed, carries on a vocation, or is a student (as such terms are defined for purposes of section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994), and the same information shall be provided to a person described in paragraph (4) who is sentenced to probation by the probation officer responsible for supervision of the person or in a manner specified by the Director of the Administrative Office of the United States Courts.
``(4) A person is described in this paragraph if the person was convicted of any of the following offenses (including such an offense prosecuted pursuant to section 1152 or 1153):
``(A) An offense under section 1201 involving a minor victim.
``(B) An offense under chapter 109A.
``(C) An offense under chapter 110.
``(D) An offense under chapter 117.
``(E) Any other offense designated by the Attorney General as a sexual offense for purposes of this subsection.
``(5) The United States and its agencies, officers, and employees shall be immune from liability based on good faith conduct in carrying out this subsection and subsection
(b).''.
(2)(A) Section 3563(a) of title 18, United States Code, is amended by striking the matter at the end of paragraph (7) beginning with ``The results of a drug test'' and all that follows through the end of such paragraph and inserting that matter at the end of section 3563.
(B) The matter inserted by subparagraph (A) at the end of section 3563 is amended--
(i) by striking ``The results of a drug test'' and inserting the following:
``(e) Results of Drug Testing.--The results of a drug test''; and
(ii) by striking ``paragraph (4)'' each place it appears and inserting ``subsection (a)(5)''.
(C) Section 3563(a) of title 18, United States Code, is amended--
(i) so that paragraphs (6) and (7) appear in numerical order immediately after paragraph (5);
(ii) by striking ``and'' at the end of paragraph (6);
(iii) in paragraph (7), by striking ``assessments.'' and inserting ``assessments; and''; and
(iv) by inserting immediately after paragraph (7) (as moved by clause (i)) the following new paragraph:
``(8) for a person described in section 4042(c)(4), that the person report the address where the person will reside and any subsequent change of residence to the probation officer responsible for supervision, and that the person register in any State where the person resides, is employed, carries on a vocation, or is a student (as such terms are defined under section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994).''.
(D) Section 3583(d) of title 18, United States Code, is amended by inserting after the second sentence the following:
``The court shall order, as an explicit condition of supervised release for a person described in section 4042(c)(4), that the person report the address where the person will reside and any subsequent change of residence to the probation officer responsible for supervision, and that the person register in any State where the person resides, is employed, carries on a vocation, or is a student (as such terms are defined under section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994).''.
(E) Section 4209(a) of title 18, United States Code, insofar as such section remains in effect with respect to certain individuals, is amended by inserting after the first sentence the following: ``In every case, the Commission shall impose as a condition of parole for a person described in section 4042(c)(4), that the parolee report the address where the parolee will reside and any subsequent change of residence to the probation officer responsible for supervision, and that the parolee register in any State where the parolee resides, is employed, carries on a vocation, or is a student (as such terms are defined under section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of 1994).''.
(3)(A) The Secretary of Defense shall specify categories of conduct punishable under the Uniform Code of Military Justice which encompass a range of conduct comparable to that described in section 170101(a)(3)(A) and (B) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(a)(3)(A) and (B)), and such other conduct as the Secretary deems appropriate for inclusion for purposes of this paragraph.
(B) In relation to persons sentenced by a court martial for conduct in the categories specified under subparagraph (A), the Secretary shall prescribe procedures and implement a system to--
(i) provide notice concerning the release from confinement or sentencing of such persons;
(ii) inform such persons concerning registration obligations; and
(iii) track and ensure compliance with registration requirements by such persons during any period of parole, probation, or other conditional release or supervision related to the offense.
(C) The procedures and requirements established by the Secretary under this paragraph shall, to the maximum extent practicable, be consistent with those specified for Federal offenders under the amendments made by paragraphs (1) and
(2).
(D) If a person within the scope of this paragraph is confined in a facility under the control of the Bureau of Prisons at the time of release, the Bureau of Prisons shall provide notice of release and inform the person concerning registration obligations under the procedures specified in section 4042(c) of title 18, United States Code.
(i) Protected Witness Registration.--Section 3521(b)(1) of title 18, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (G);
(2) by redesignating subparagraph (H) as subparagraph (I); and
(3) by inserting after subparagraph (G) the following:
``(H) protect the confidentiality of the identity and location of persons subject to registration requirements as convicted offenders under Federal or State law, including prescribing alternative procedures to those otherwise provided by Federal or State law for registration and tracking of such persons; and''.
SEC. 3. SENSE OF CONGRESS AND REPORT RELATING TO STALKING
LAWS.
(a) Sense of Congress.--It is the sense of Congress that each State should have in effect a law that makes it a crime to stalk any individual, especially children, without requiring that such individual be physically harmed or abducted before a stalker is restrained or punished.
(b) Report.--The Attorney General shall include in an annual report under section 40610 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14039) information concerning existing or proposed State laws and penalties for stalking crimes against children.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this Act, except that--
(1) paragraphs (1), (2), and (3) of section 2(h) shall take effect 1 year after the date of the enactment of this Act; and
(2) States shall have 3 years from such date of enactment to implement amendments made by this Act which impose new requirements under the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, and the Attorney General may grant an additional 2 years to a State that is making good faith efforts to implement these amendments.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Florida [Mr. McCollum] and the gentlewoman from Texas [Ms. Jackson-Lee] each will control 20 minutes.
The Chair recognizes the gentleman from Florida [Mr. McCollum].
General Leave
Mr. McCOLLUM. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on the bill now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Florida?
There was no objection.
Mr. McCOLLUM. Madam Speaker, I yield myself such time as I may consume.
The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Improvements Act of 1997 builds upon previous efforts of Congress to establish a system to keep track of convicted sex offenders and to notify communities of their presence. This bill will substantially strengthen the sex offender registration programs in our States, commonly referred to as ``Megan's law,'' and close several loopholes which currently allow convicted sex offenders to avoid registering their whereabouts with local law enforcement.
In the 1994 crime bill, Congress established the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act. This act contained guidelines for the States to set up sex offender registration programs. Currently, all 50 States and the District of Columbia have established such registration programs. These registries provide an invaluable law enforcement tool by providing quick access to computerized information on sex offenders living nearby. Just this year, the President signed Megan's law, and the Pam Lychner National Sexual Offender Tracking Identification Act into law, two bills which strengthen the community notification laws with regard to registered sex offenders and provided law enforcement the tools to keep track of sex offenders who move from State to State.
The States have taken this issue quite seriously and should be commended, but despite these efforts, some child sex offenders are slipping through the cracks. It is well recognized that sexual predators are remarkably clever and persistently transient. These offenders are not confined within State lines, and neither should our efforts to keep track of them, which brings us to the purpose of today's bill.
In consultation with State and local law enforcement and the National Center for Missing and Exploited Children, we have developed this very important piece of legislation which will strengthen the Jacob Wetterling Act, in addition to providing more flexibility to the States as they implement their own sex offender registration program. H.R. 1683 will make three primary improvements:
First, this bill will require offenders convicted under Federal or military law of certain sex offenses to register in the State in which they reside. Convicted military personnel will be required to register in the State in which they reside and the State in which they are permanently assigned, if applicable. It is important to note that this bill does not establish a Federal registry system, nor does it require States to pass new laws. It does require Federal offenders to register under already existing State programs. Convicted sex offenders in the Federal system may be just as dangerous as offenders in all of our States. We must keep track and notify communities of their whereabouts.
Second, this bill will also apply to offenders crossing State borders. Offenders are required to register in the State in which they reside and the States in which they are employed, or are enrolled in school, if applicable. State and local law enforcement agencies have struggled with numerous serial rapes in which offenders worked or went to school in a bordering State and were able to commit crimes in these nearby communities, free from the registration requirements of the State in which they were convicted.
Third, this bill will provide more flexibility to States as they implement their own registration programs, in addition to providing more time to come into compliance with registration requirements imposed by sex offenders registry legislation passed last fall. The original 1994 act was written in such detailed language that some States have struggled to understand the intent of Congress. Moreover, some States have come up with better, more creative ways to implement the act, and therefore, it is the purpose of this bill to provide States with the freedom to implement these improvements.
Last, the Jacob Wetterling Improvements Act addresses an issue which has been very important to the citizens of my State of Florida, and I am sure many other States as well, that of child stalking. The Florida State Legislature just passed the Jennifer Act, which punishes individuals who stalk children. This bill is intended to heighten awareness of this issue by requiring the Department of Justice to submit to Congress a report describing existing State laws with regard to child stalking. This provision, along with provisions which will significantly improve the Jacob Wetterling Act of 1994, will serve as an effective law enforcement tool to better protect Americans from sexual victimization. I urge my colleagues to support this bill.
Madam Speaker, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today to share my approval, and yet my concerns, concerning H.R. 1683, the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Improvements Act of 1997.
In 1994, Congress enacted this legislation, the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, which encourages States to operate sex offender registration programs. States which operate such programs receive criminal justice grant funds. States which do not are denied access to these funds. This act specifies in considerable detail what the State must do to operate its program, and administering the act has proved to be complex and difficult.
H.R. 1683 is intended to remedy certain of these difficulties. H.R. 1683 is deficient, however, in that it fails to address the danger of the unjust application of sex offender registration laws, a danger which has become apparent in the 3 years since the Jacob Wetterling Act became law. It forces the Federal Government to intrude in the local jurisdiction and governments of certain States, by requiring registration for acts not related to children.
H.R. 1683 does nothing to prevent States from forcing individuals convicted of consensual adult sex or similar offenses to register as sexual offenders. This is a glaring deficiency and takes away from the chief issue that we are concerned with, the acts of sexual violence against our children and others. We want to protect women against rape and other sexual abuses and violence, and we certainly want to effect an impact on our children.
I have, over the years of my tenure in this Congress, Madam Speaker, supported vigorously registration legislation that deals with the idea of protecting our communities and neighborhoods from a sexual predator against our children and certainly against women from moving from one State to the next. I fully believe that we should not wake up one morning and find next door a child molester, and let me go on record by saying, we in Texas, and particularly in the Houston area, have been bombarded by tragic incidences of the abduction of children or the rape and molestation of children in our community.
So I like the original intent of this legislation, to protect victims, many times women and children, against sex crimes. This act was designed to protect the community and particularly young children from violence at the hands of sexual offenders. The registration requirements were aimed at those with a history of, and therefore a presumed propensity for, the forcible victimization of others. However, in at least four States, Kansas, Louisiana, Mississippi, and South Carolina, people with convictions for consensual adult sex, which form thereof violates State laws, are being forced to register with the police as sexual offenders.
This is unfair and discriminatory and also violates individual privacy rights. The act was never intended to encompass such individuals, and there is no reason whatsoever to think that individuals convicted of these so-called offenses pose any danger to the community. Their crimes involve no force or threat of force, nor do they involve adults having sex with children.
I can assure my colleagues, I stand at the front door and at the front of the line to block any sort of legislation which would deny us the right to track persons who have been convicted of sexual acts against our children. However, this has absolutely nothing to do with generally predatory offenses, such as rape and child molestation.
At the Committee on the Judiciary markup of H.R. 1683, the gentleman from New York [Mr. Schumer] offered an amendment that would have added another condition to the listing of requirements that States must obey under the Wetterling law. States would be prohibited from requiring someone to register as a sex offender solely on the basis of a conviction for consensual adult sex of which the State would find illegal. As we all know, such statutes have been used to persecute individuals due to homophobic attitudes. Therefore, it is unfair to further victimize them under this law.
States that require this are lumping homosexuals together with rapists and child molesters. That, I think for all of us who understand that there are rights of privacy under constitutional law, is offensive, and certainly not what this Congress intended to do with the Wetterling program.
Again, Madam Speaker, I applaud this legislation. I celebrate it for what it does for the children of America, for it protects our children and attempts to protect our children even further from these malicious, inherently vicious child predators who move from State to State.
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How many of us have cried tears of frustration of trying to prevent such terrible tragedies. So I ask in particular that we consider recognizing the violation of personal individual rights as it relates to adults and consensual sex as not to violate the spirit of this legislation.
Let me also acknowledge that this legislation pays tribute to Pam Lyncher, who tragically lost her life in TWA 800, who was a leading spokesperson in the organization, Justice for All, she always worked to oppose the viciousness of those who would travel from State to State to State to perpetrate violent acts against children as it relates to sex crimes and other violent crimes. We thank her for that.
Madam Speaker, the Committee on the Judiciary members who took exception to the provision regarding consensual sex were responded to by members of the Committee on the Judiciary that this would inject the Federal Government into decisions made by States.
We know that that is a ludicrous argument, primarily because we are injecting ourselves already, and I am happy to inject us when it comes to protecting children, women and others against violate sexual crimes. As I said, I will be at the front of the line on any of these occasions. The act itself already imposes a multitude of requirements on the States.
Might I add that I want to have as many States as possible be able to access these funds. I hope the chairman will review ways that we can help make it simpler for States to respond so they can get the money. I want to make sure that everyone who is able to do so is not distracted by the complexity of the reporting requirements.
Therefore, we already intrude upon the States as it relates to burdens. In fact, the act contains four pages of dense statutory language telling States how to operate their programs. The amendment simply would have added one additional requirement to these pages and pages of requirements.
Mr. Speaker, Congress cannot possibly intend for the Jacob Wetterling Act, an outstanding piece of legislation as it relates to children and those abused by violent sexual acts, to cover individuals, adults, engaged in consensual sexual activity. Therefore, it is our responsibility hopefully to work together to ensure that this not happen in this critically important legislation, that could do damage to what we intend to do.
With that, Madam Speaker, I would conclude by saying ``Hurrah'' for the children of America, and yet we must also recognize that we must address the constitutional rights of other individuals in this country.
Madam Speaker, I reserve the balance of my time.
Mr. McCOLLUM. Madam Speaker, I yield 2 minutes to the gentleman from Minnesota [Mr. Gutknecht].
Mr. GUTKNECHT. Madam Speaker, I thank the gentleman for yielding time to me.
Madam Speaker, in our discussions today it is important to remember the boy behind the bill. Eleven-year-old Jacob Wetterling was kidnapped at gunpoint in rural Minnesota on October 22, 1989. He is still missing. All of us hope and pray for his safe return.
I was a member of the Minnesota State Legislature when we passed an early version of the Wetterling Act in 1991. In 1994 Congress recognized the importance of this idea, and required all States to register the addresses of convicted kidnappers or child sex offenders. Last year we passed Megan's Law to notify communities when one of these people moves into the neighborhood.
While every State now requires registration of child sex offenders, many community notification programs have been stalled by legal challenges and confusion as to what plan would be most effective. Because of this, it is unclear how many States are fully following the Wetterling Act requirements. H.R. 1683 gives the States much needed flexibility as they seek to comply with this law.
To help States even further, 31 of my colleagues, and I want to especially thank my colleague, the gentleman from Texas [Mr. Lampson], have joined me in cosponsoring and introducing House Concurrent Resolution 125, which provides the States with a model community notification program that they can follow if they choose. I encourage all of my colleagues to consider cosponsoring it.
Winston Churchill once said, ``Never give in; never give in; never, never, never, never--in nothing great or small, large or petty--never give in except to convictions of honor.'' These are fitting words for Patty Wetterling, Chairman McCollum, and everyone who works tirelessly to protect America's children. I am proud to be an original cosponsor of H.R. 1683, and I urge my colleagues to vote for it.
Mr. McCOLLUM. Madam Speaker, I yield 2 minutes to the gentleman from Florida [Mr. Foley].
Mr. FOLEY. Madam Speaker, I rise in strong support of this bill. I commend our chairman, the gentleman from Florida [Mr. McCollum] for initiating it. He has been a leader in these types of initiatives, and they are very, very important in protecting our children.
Madam Speaker, this legislation provides additional strength to the critical measures we have enacted in the past, most significantly, Megan's Law, to protect the children of our Nation against violent sexual predators. One of its main goals is to ensure that everyone convicted of violent sexual crimes is required to register in the places in which they live and work so that their whereabouts are known.
The community notification that we provided last year under Megan's Law is only as good as the sex offender registrations that have been set up in each State now. If those registries do not have complete information on the whereabouts of sexual predators, then our attempts to keep track of those who will continue to prey on young children will be flawed.
Madam Speaker, John Walsh of Fox TV's America's Most Wanted said that in his show he has helped capture 64 child molesters in one 6-month period. Over half of them were people who had worked with children. Sixty-four people, child molesters, caught in a 6-month period; over half of them had worked with children.
Parents and families have a right to know if those living near their children or working with their children are convicted violent sexual offenders who have victimized children. They cannot know this unless we have strong registration and notification laws that provide that information.
Madam Speaker, I cosponsored Megan's Law, and I am cosponsoring this bill to strengthen Megan's Law for the sake of the children it is designed to serve and to save.
Mr. McCOLLUM. Madam Speaker, I yield 2 minutes to the gentleman from Kansas [Mr. Snowbarger].
Mr. SNOWBARGER. Madam Speaker, I rise today to urge my colleagues to support this violent offender registration proposal. For the last several years I have been working on similar legislation, first in the Kansas legislature and now here in Congress. I was encouraged in this effort by my friends, the Schmidts, whose daughter Stephanie was murdered.
I know we would all like to think this kind of thing happens in other places, to other people's children in other parts of the country, but no community is immune from violence. Stephanie Schmidt was a beautiful young woman who was violently murdered by a coworker in 1993. Her parents, my constituents, Gene and Peggy Schmidt, have made it their life's work to make sure that other families are spared the grief they so well know.
There is something we can do to help solve this problem. That is why I have been a consistent supporter of community notification statutes. It is my hope that this information, used responsibly, will keep dangerous sex offenders away from potential victims. Specifically, this act's provisions will require that sex offenders who work or go to school in a State other than the State in which they reside will be required to register in those other States. This is especially important to the families of the Kansas City area, which is a major metropolitan area that straddles the State line.
I would like to thank Chairman McCollum and my distinguished colleagues from the other side of the aisle for leading this fight. Today as we pass these important changes to the Jacob Wetterling Act and Megan's Law, I will think of Stephanie Schmidt and hope that what we do today will help prevent another tragedy.
Ms. JACKSON LEE of Texas. Madam Speaker, I yield 2 minutes to my distinguished colleague, the gentleman from Texas [Mr. Lampson], who is chairman of the caucus for missing and exploited children.
Mr. LAMPSON. Madam Speaker, I thank the gentlewoman from Houston, Texas, for yielding time to me, and for her good and gracious work on this bill.
As chairman of the congressional missing and exploited children's caucus, I rise in strong support of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Improvement Act of 1997. I congratulate and thank the gentleman from Florida [Mr. McCollum] for his work on this bill.
Scientific studies have shown that those who commit acts of sexual violence against children have the highest rate of recidivism among all criminals and crimes. In fact, the typical offender molests an average of 117 children, most of whom never report the offense. These are innocent children being preyed upon by devious and sick individuals.
The legislation before the House will widen the net that registers these predators. Megan's Law mandated registration, and through this bill we will close loopholes in making sure that every sexual predator is on the books whenever and wherever they relocate in this country, regardless of the original jurisdiction in which they were convicted.
Is this unfortunate? Yes. Is it necessary? Absolutely. The statistics speak for themselves. The memories of Jacob Wetterling, Megan Kanka, Laura Smither, and hundreds of other victims of senseless abuse cry out for every possible protection we are able to offer.
Madam Speaker, I have taken to the floor of the House twice this year to report the abduction of young girls in my district. It is my hope that by speaking on behalf of legislation like this, I will never be faced with that sad duty again. So I urge strong support for H.R. 1683.
Ms. JACKSON-LEE of Texas. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I would like to thank the committee and the chairman for the hard work they have put into this effort. I think by the expressions being made, so many of us can recount the tragedies of children in our community being dragged away from the safety and sanctity of their home and school and as a vicious sexual attack is perpetrated upon them.
We certainly stand in support of moving forward to assist in creating an atmosphere where not one tree leaf or not one cover can keep us away from spotting a malicious child molester or sexual predator. I hope as we proceed, as well, that we will consider some of the concerns that I have expressed. I think in the course of reconciliation and the understanding of this issue of individual rights, certainly those concerns should be addressed.
Needless to say, I thank the chairman of the committee and thank Members who, unanimously, agree that children in this country must be protected and sexual predators must be targeted and must be eliminated from our communities and made never to perpetrate their violent act again on our innocent children and citizens in this country. That is why this bill deserves our consideration.
Mr. McCOLLUM. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I simply want to thank the gentlewoman from Texas [Ms. Jackson-Lee] for her cooperation in this matter, and note the fact that each of the speakers today on this legislation was an original cosponsor of the bill that was introduced. It is a good bill. It should be adopted.
Mr. RAMSTAD. Mr. Speaker, as the author of the Jacob Wetterling Act of 1994, I am proud to be a cosponsor of H.R. 1683, the Jacob Wetterling Improvements Act of 1997, and I urge my colleagues to support this important child protection measure.
The 1994 Wetterling Act signaled a national, coordinated commitment to protecting America's children. For the first time, we instituted a national system for registering the worst kind of convicted criminals--
those who prey on children.
This landmark law was named after Jacob Wetterling, an extraordinary youngster who was kidnapped in 1989 from the small community of St. Joseph, MN, when he was 11 years old. We have not heard from Jacob since his abduction, but we continue to pray for his safe return and for the safe return of hundreds of children stolen from their families.
Jacob's incredible mother, Patty Wetterling, has become a tireless advocate for protecting children. Patty and her husband, Jerry, formed the Jacob Wetterling Foundation, which promotes child safety and responds to child abductions. With Patty's help, we were able to enact the 1994 Wetterling Act. With her help, we are building stronger child protection laws every day.
H.R. 1683 builds on the foundation of the 1994 Jacob Wetterling Act, and applies the Wetterling requirements to offenders convicted under Federal or military law. In addition, it will give the FBI access to state sex offender registries and allow the U.S. Marshals Service to monitor offenders enrolled in the Federal Witness Protection Program. This bill will also give additional flexibility to states to help them establish effective offender registration programs.
Just a few months ago, I stood with Patty Wetterling, Ernie Allen of the National Center for Missing and Exploited Children, the other sponsors of H.R. 1683 when we introduced the bill during Child Safety Week. I am grateful to all these people--and particularly Mr. McCollum, the bill's sponsor and chair of the Crime Subcommittee--for helping to move this important legislation so quickly through the process.
I look forward to continued progress toward ending the tragedy of stolen childhoods and making American communities safer places to grow up.
Mr. DIAZ-BALART. Mr. Speaker, I rise in strong support for the Jacob Wetterling Crimes Against Children and Sexually Violent Offenders Registration Improvements Act of 1997 (H.R. 1683). I would like to commend the Subcommittee on Crime and its chairman, Mr. McCollum, for bringing forth this meritorious legislation and for working to ensure that law enforcement agencies have the tools needed to protect our children from any and all dangerous individuals who would harm them or threaten their safety.
Of particular importance is the need for tough laws to combat child stalking. Florida has taken the lead in this respect. H.R. 1683 acknowledges the worthy initiative taken by the State of Florida in its successful implementation of the Jennifer Act (Fla. Stat. Sec. 784.048). The Jennifer Act designates the stalking of a child under the age of 16 as a third degree felony. The act provides that a person who willfully, maliciously, and repeatedly follows or harasses a child younger than 16 years of age commits aggravated stalking.
The Florida State law is named after a 13-year-old Dade County girl in my district who was stalked in 1996 by an acquaintance. Police told the girl's mother they could not arrest the man unless he had hurt or kidnapped her daughter. Unable to obtain a judicial restraining order, Jennifer's mother worked closely with her State senator and representative to enlist support for a change in the law to remove the requirement that physical harm or abduction occur before the police could intervene. Thanks to her tenacious and courageous persistence, the law was signed into Florida law on April 29, 1997, and becomes effective October 1, 1997.
I am very pleased that today this House has recognized the importance of putting the States on notice that this is a very critical gap in their criminal codes that needs to be corrected. To this end, H.R. 1683 requires that the attorney general survey and publish current or proposed State laws, which concern the criminal elements and penalties for stalking against children. In this way, States will be required to examine the state of their antistalking laws and Congress will oversee their efforts.
This is the first step toward making the effective deterrence of child stalking a Federal priority. Accordingly, I will work to ensure that the Jennifer Act becomes the national model for State action.
Mr. CUNNINGHAM. Mr. Speaker, I am a proud original cosponsor of H.R. 1683. And I am delighted to support this bipartisan, bicameral legislation today.
This bill is based on us listening to citizens and law enforcement, to see what can work best to protect children and communities from violent predators.
What we heard, is that it is time for the law to take the side of innocent citizens and victims of crime, and to crack down on criminals, especially sex offenders and people who commit crimes against children.
Congress developed the Wetterling Act to create a sex offender registry. I was proud to help develop Megan's law, to create community notification of certain sex offenders and enable citizens to protect themselves against criminals. Now, we are making the Wetterling Act and Megan's law better for communities, better for law enforcement, better for citizens and children and victims of crime, and a lot worse for criminals.
H.R. 1683 closes loopholes relating to sex offenders who are Federal criminals, military personnel, and people who live in one state and work or study in another. It helps us obtain more information from the States on their laws that combat the stalking of juveniles. It gives states more flexibility to implement the law, to make registration of these criminals work better for everyone. And it provides protection from liability of those who work in good faith with law enforcement on criminal registration and community notification.
In the flight against crime, it's time for us to fight for the victims and the law-abiding citizens, and against the criminals. That's what we will do today, by enacting H.R. 1683.
I thank Chairman McCollum and Chairman Hyde for their leadership in moving this bill. And I also want to recognize Congresswoman Dunn and Congressman Deal, for their longstanding hard work on this issue.
I encourage my colleagues to support H.R. 1683, and I yield back the balance of my time.
Mr. McCOLLUM. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Emerson). The question is on the motion offered by the gentleman from Florida [Mr. McCollum] that the House suspend the rules and pass the bill, H.R. 1683, as amended.
The question was taken.
Mr. CONDIT. Madam Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the Chair's prior announcement, further proceedings on this motion will be postponed.
The point of no quorum is considered withdrawn.
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