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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-627
======================================================================
COMBAT ONLINE PREDATORS ACT
_______
April 10, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 4203]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 4203) to amend title 18, United States Code, with
regard to stalking, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 2
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Performance Goals and Objectives................................. 4
Advisory on Earmarks............................................. 4
Section-by-Section Analysis...................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combat Online Predators Act''.
SEC. 2. ENHANCED PENALTY FOR STALKERS OF CHILDREN.
(a) In General.--Chapter 110A of title 18, United States Code, is
amended by inserting after section 2261A the following:
``Sec. 2261B. Enhanced penalty for stalkers of children
``If the victim of an offense under section 2261A is under the age of
18 years, the maximum imprisonment for the offense is 5 years greater
than the maximum term of imprisonment otherwise provided for that
offense in section 2261.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 110A of title 18, United States Code, is amended by inserting
after the item relating to section 2261A the following new item:
``2261B. Enhanced penalty for stalkers of children.''.
(c) Conforming Amendment.--Section 2261A of title 18, United States
Code, is amended by striking ``section 2261(b) of this title'' and
inserting ``section 2261(b) or section 2262B, as the case may be''.
SEC. 3. REPORT ON BEST PRACTICES REGARDING ENFORCEMENT OF ANTI-STALKING
LAWS.
Not later than one year after the date of the enactment of this Act,
the Attorney General shall submit a report to Congress, which shall--
(1) include an evaluation of Federal, tribal, State, and
local efforts to enforce laws relating to stalking; and
(2) identify and describe those elements of such efforts that
constitute the best practices for the enforcement of such laws.
Purpose and Summary
H.R. 4203 enhances current federal anti-stalking laws by
increasing the criminal penalty by up to an additional five
years when the victim is a minor. The legislation also requires
the Department of Justice to evaluate enforcement of stalking
laws at the local and federal level and identify and describe
best practices for enforcing such laws. Published best
practices will be beneficial to prosecutors in securing
convictions in these notoriously difficult cases.
Background and Need for the Legislation
In 1996, Congress passed an anti-stalking law as part of
the Violence Against Women Act (VAWA). Under this law, it is a
federal felony to cross state lines to stalk or harass an
individual if the conduct causes fear of serious bodily injury
or death to the stalking victim or to the victim's immediate
family members. It is also a federal felony to stalk or harass
on military or U.S. territorial lands, including Indian
country.\1\ However, there is no provision in the current
statute that allows an elevated penalty when the victim is a
minor. Moreover, because stalking cases are difficult to
prosecute, it would be useful for prosecutors to have access to
materials establishing best practices in these types of cases.
---------------------------------------------------------------------------
\1\18 U.S.C. Sec. 2261A.
---------------------------------------------------------------------------
Hearings
There was no hearing held on H.R. 4203; however, the
Committee on the Judiciary held a hearing on crimes against
children on March 16, 2017. Testimony was received from John
Shehan, Vice President, Exploited Children Division, National
Center for Missing and Exploited Children; Ms. Francey Hakes,
Consultant & Child Protection Advocate, Former Assistant United
States Attorney, Former National Coordinator for Child
Exploitation Prevention and Interdiction; Detective Patrick
Beaver, Loudoun County Sheriff's Office, Member of the Internet
Crimes Against Children Task Force; and, Ms. Nicole Pittman,
Vice President and Director of the Center on Youth Registration
Reform, Impact Justice.
Committee Consideration
On November 2, 2017, the Committee met in open session and
ordered the bill (H.R. 4203) favorably reported, with an
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 4203.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises 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 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 3249, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 29, 2017.
Hon. Bob Goodlatte, 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. 4203, the Combat
Online Predators Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran, who can be reached at 226-2860.
Sincerely,
Keith Hall.
Enclosure
cc: Democratic Staff
H.R. 4203--Combat Online Predators Act
As ordered reported by the House Committee on the Judiciary on November
2, 2017
H.R. 4203 would add five years to the maximum prison
sentence for stalking minors. As a result, new offenders could
face longer prison sentences. The bill would require the
Department of Justice (DOJ) to report to the Congress on
federal, state, tribal, and local efforts to enforce laws
related to stalking. Based on its analysis of similar DOJ
tasks, CBO estimates that implementing the bill would cost less
than $500,000 in 2018. CBO expects that any costs to the
federal prison system resulting from longer sentences would be
incurred after 2022; any such spending would be subject to the
availability of appropriated funds.
Enacting H.R. 4203 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 4203 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 4203 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
Duplication of Federal Programs
No provision of H.R. 4203 establishes or reauthorizes a
program of the Federal government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee finds that H.R. 4203 contains no directed
rule making within the meaning of 5 U.S.C. Sec. 551.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the Committee states that H.R. 4203
enhances federal anti-stalking law by providing for up to a
five-year sentencing enhancement when the victim is a minor,
and also requires the Attorney General to issue a report
regarding best practices for prosecuting stalking cases at the
state, local, tribal, and Federal levels.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 4203 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
Section 1. Short Title. Section 1 sets forth the short
title of the bill as the ``Combat Online Predators Act.''
Sec 2. Enhanced Penalty for Stalkers of Children. This
section adds up to a five-year sentencing enhancement to the
federal stalking statute where the stalking victim is a minor.
Sec 3. Best Practices Regarding Enforcement of Anti-
Stalking Laws to be Included in Annual Report of the Attorney
General. This section requires DOJ to evaluate the efficacy of
enforcement of stalking laws at the local and federal levels
and to report on best practices in enforcing such laws.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) 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, and existing law in which no
change is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 110A--DOMESTIC VIOLENCE AND STALKING
Sec.
2261. Interstate domestic violence.
2261A. Interstate stalking.
2261B. Enhanced penalty for stalkers of children.
* * * * * * *
Sec. 2261A. Stalking
Whoever--
(1) travels in interstate or foreign commerce or is
present within the special maritime and territorial
jurisdiction of the United States, or enters or leaves
Indian country, with the intent to kill, injure,
harass, intimidate, or place under surveillance with
intent to kill, injure, harass, or intimidate another
person, and in the course of, or as a result of, such
travel or presence engages in conduct that--
(A) places that person in reasonable fear of
the death of, or serious bodily injury to--
(i) that person;
(ii) an immediate family member (as
defined in section 115) of that person;
or
(iii) a spouse or intimate partner of
that person; or
(B) causes, attempts to cause, or would be
reasonably expected to cause substantial
emotional distress to a person described in
clause (i), (ii), or (iii) of subparagraph (A);
or
(2) with the intent to kill, injure, harass,
intimidate, or place under surveillance with intent to
kill, injure, harass, or intimidate another person,
uses the mail, any interactive computer service or
electronic communication service or electronic
communication system of interstate commerce, or any
other facility of interstate or foreign commerce to
engage in a course of conduct that--
(A) places that person in reasonable fear of
the death of or serious bodily injury to a
person described in clause (i),
(ii) or (iii) of paragraph (1)(A); or
(B) causes, attempts to cause, or would be
reasonably expected to cause substantial
emotional distress to a person described in
clause (i), (ii), or (iii) of paragraph (1)(A),
shall be punished as provided in [section 2261(b) of this
title] section 2261(b) or section 2262B, as the case may be.
Sec. 2261B. Enhanced penalty for stalkers of children
If the victim of an offense under section 2261A is under the
age of 18 years, the maximum imprisonment for the offense is 5
years greater than the maximum term of imprisonment otherwise
provided for that offense in section 2261.
* * * * * * *
* * * * * * *
[all]
