[Congressional Record Volume 141, Number 62 (Tuesday, April 4, 1995)]
[House]
[Pages H4122-H4125]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


        SEXUAL CRIMES AGAINST CHIL- DREN PREVENTION ACT OF 1995

  Mr. SCHIFF. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1240) to combat crime by enhancing the penalties for certain 
sexual crimes against children, as amended.
  The Clerk read as follows:

                               H.R. 1240

       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 ``Sexual Crimes Against 
     Children Prevention Act of 1995''.

     SEC. 2. INCREASED PENALTIES FOR CERTAIN CONDUCT IN SEXUAL 
                   EXPLOITATION OF CHILDREN.

       The United States Sentencing Commission shall amend the 
     sentencing guidelines to increase the base offense level for 
     offenses under section 2251 or 2252 of title 18, United 
     States Code, by at least 2 levels.

     SEC. 3. INCREASED PENALTIES FOR USE OF COMPUTERS IN SEXUAL 
                   EXPLOITATION OF CHILDREN.

       The United States Sentencing Commission shall amend the 
     sentencing guidelines with respect to an offense under--
       (1) section 2251(c)(1)(A); or
       (2) any of paragraphs (1) through (3) of section 2252(a);

     of title 18, United States Code, to increase the offense 
     level by at least 2 levels if a computer was used to transmit 
     the notice or advertisement to the intended recipient or to 
     transport or ship the visual depiction.

     SEC. 4. INCREASED PENALTIES FOR TRANSPORTATION OF CHILDREN 
                   WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL 
                   ACTIVITY.

       The United States Sentencing Commission shall amend the 
     sentencing guidelines to increase the base offense level for 
     an offense under section 2423(a) of title 18, United States 
     Code, by at least 3 levels.

     SEC. 5. TECHNICAL CORRECTION.

       Section 2423(b) of title 18, United States Code, is amended 
     by striking ``2245'' and inserting ``2246''.

     SEC. 6. REPORT BY THE UNITED STATES SENTENCING COMMISSION.

       Not later than 180 days after the date of the enactment of 
     this Act, the United States Sentencing Commission shall 
     submit a report to Congress concerning offenses involving 
     child pornography and other sexual crimes against children. 
     In this report the Commission shall include--
       (1) an analysis of the sentences imposed for offenses under 
     sections 2251, 2252, and 2423 of title 18, United States 
     Code, and recommendations as to any modifications to the 
     sentencing guidelines that may be appropriate with respect to 
     those offenses;
       (2) an analysis of the sentences imposed for offenses under 
     sections 2241, 2242, 2243, and 2244 of title 18, United 
     States Code, where the victim was under the age of 18 years, 
     and recommendations as to any modifications to the sentencing 
     guidelines that may be appropriate with respect to those 
     offenses;
       (3) an analysis of the type of substantial assistance that 
     courts have recognized as warranting a downward departure 
     from the sentencing guidelines relating to offenses under 
     section 2251 or 2252 of title 18, United States Code;
       (4) a survey of the recidivism rate for offenders convicted 
     of committing sexual crimes against children, an analysis of 
     the impact on recidivism of sexual abuse treatment provided 
     during or after incarceration or both, and an analysis of 
     whether increased 
     [[Page H4123]] penalties would reduce recidivism for these 
     crimes; and
       (5) such other recommendations with respect to the offenses 
     described in this section as the Commission deems 
     appropriate.

  The CHAIRMAN. Pursuant to the rule, the gentleman from New Mexico 
[Mr. Schiff] will be recognized for 20 minutes, and the gentleman from 
Michigan [Mr. Conyers] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from New Mexico [Mr. Schiff].
  Mr. SCHIFF. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, child pornography and child exploitation are two of the 
most horrendous and repulsive crimes that can possibly exist. They have 
every potential not only of causing immediate damage to the victims who 
are forced or lured into those activities, but they can ruin a young 
person's life virtually at the time it has begun.
  That is the reason why the Committee on the Judiciary has brought 
forth H.R. 1240, the Sexual Crimes Against Children Prevention Act here 
today, and why I move to suspend the rules and to adopt it.
  I want to add, Mr. Speaker, that this bill was drafted by our 
colleague, the gentleman from Florida [Mr. McCollum], who because of a 
scheduling conflict is unable to be on the House floor at this time.
  This bill toughens the penalties for sexual exploitation of children 
by directing the U.S. Sentencing Commission to increase sentencing 
guidelines for crimes involving child pornography and prostitution.
  It increases by a minimum of 17 months' incarceration the range of 
penalties that may be imposed for creating child pornography. It 
increases by a minimum of 6 months incarceration the penalties that may 
be imposed for trafficking child pornography. It increases by a minimum 
of 1 year incarceration the penalties that may be imposed for 
trafficking in child pornography if a computer was used in the 
transmission of the material or transmission of an advertisement for 
the material.
  Mr. Speaker, I want to say on that point that we have found that as 
the use of computers and the use of electronic communications increase 
for people in business and for personal use, it has, unfortunately, 
also increased for criminal use, including the sale of pornographic 
materials and for the sale of prostitution of children.
  Finally, in this respect, the bill increases by a minimum of 1 year 
incarceration the penalties that may be imposed for the interstate 
transportation of a minor for the purposes of causing the minor to 
engage in prostitution, or a criminal sexual act.
  Mr. Speaker, the bill also directs the U.S. Sentencing Commission to 
report to Congress on sex crimes against children and to make proposals 
to curb such activities for consideration by a future Congress.
  Mr. Speaker, I want to note that the bill that is currently on the 
desk, and the Members have before them in this suspension, has been 
amended since the Committee on the Judiciary bill was voted out of 
committee. The amendment removes a reference to the Racketeer Influence 
and Corrupt Organizations Act that was in the bill at the time it did 
pass the Committee on the Judiciary.
  That was removed because some Members on the other side felt that was 
an issue, that was the RICO statute, that was an issue that should not 
be before the House on suspension; that if that statute were to be 
considered, it should be considered under a rule allowing for certain 
amendments, so in accommodation to that request, we have amended the 
bill and removed that provision from the bill as it stands now.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of the measure, H.R. 1240, which would 
direct the U.S. Sentencing Commission to increase penalties for child 
obscenity violations. This bill does not modify the statutory maximum 
penalties for these crimes, nor does it create mandatory minimum 
penalties.
  It directs the Sentencing Commission, created by the Congress in 
1984, to serve as an independent entity within the judicial branch to 
increase the offense levels for certain crimes involving child 
obscenity. I want to congratulate the Members of the other side, 
particularly the chairman of the Committee on the Judiciary, in working 
with us to resolve a troubling criminal RICO provision in the bill 
through a manager's amendment, so that we were able to make this a 
truly bipartisan measure.
  RICO would have weighed down and complicated this measure beyond the 
ability to get the support of some of the Members on this side, had 
that compromise not been worked out. Finally, Mr. Speaker, I want to 
point out that while the Republican majority is giving back what it 
took away from the fight on child pornography and abuse just 3 weeks 
ago during so-called commonsense reform, that bill wiped off the books 
statutes providing for unlimited punitive damages for sexual abuse 
against children. It was one of the many unforeseen consequences that 
the House-passed legal reform bill wrought, in the speed that it has 
hastily passed through both the committee and the House.
  Therefore, today it is my view that we are back on track in the fight 
against child sexual abuse. This is an important improvement, and I 
urge Members of this body to support the measure.

                              {time}  1245
  Mr. Speaker, I yield 2 minutes to the gentleman from Massachusetts 
[Mr. Frank], who has worked a great deal on the measure.
  Mr. FRANK of Massachusetts. I thank the ranking Member for yielding 
me the time.
  Mr. Speaker, I want to express my appreciation to the chairman of the 
full committee and to the manager of the bill.
  The gentleman from New Mexico has explained the amendment, and I 
appreciate that.
  I was the one who offered at the committee level the amendment that 
would strike the RICO provision dealing with obscenity on cable 
television. I was unhappy to learn that this was going to be done on 
suspension, and when I raised the issue with the chairman of the full 
committee, the gentleman from Illinois, he was very gracious and very 
fair, and I appreciate it, in leaving that part out of the bill.
  So we have a bill now that deals just with improving our ability to 
deter and punish, if deterrence fails, the abuse and exploitation of 
children. It is a very worthy goal which I assume will be unanimously 
supported, and I want to express my appreciation to the majority for 
accommodating my concern.
  I have some very strenuous objections to the RICO extension to the 
cable TV situation. As I said in committee, I was particularly 
surprised, that I thought that I shared with many of my friends on the 
other side a deep skepticism about RICO, and it therefore seemed to me 
odd that we would be extending it at this point.
  In particular, we are dealing here with some consensual decisions by 
people to turn on their own television sets, but we can let those 
arguments go until a later time, if ever. If the bill never comes up, I 
would not be too upset; but it is not here.
  My main purpose today was to express my appreciation for the fairness 
that the majority showed, particularly the gentleman from Illinois.
  Mr. CONYERS. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
California [Ms. Lofgren].
  Ms. LOFGREN. Mr. Speaker, I certainly will support this bill because 
it does something, although not very much, and I did want to express my 
concern and distress at the very limited and minimal nature of this 
bill.
  There is a lot I have not agreed with in the so-called Contract With 
America, but one of the things I was looking forward to working on with 
the Members on the other side was to enhance substantially penalties 
for child pornographers and those who would prey on vulnerable, 
innocent children. Regrettably, that did not happen.
  This bill was introduced in the afternoon of March 15, and we held 
our hearing at 9:30 a.m. the next day, March 16. When I looked at the 
bill, I saw that there is a 17-month increase for the creation of child 
pornography up to--and it is not even an increase, it is a 
recommendation, big deal--70 months for creation of child pornography 
is a 
[[Page H4124]] recommended sentence? I think that is woefully 
inadequate.
  I would point out that even now with the already limited sentences 
recommended by the Sentencing Commission, more than 25 percent of the 
time those wimpy penalty are not imposed.
  When I offered an amendment in the full committee for life 
imprisonment for those who would create child pornography, who would 
abuse children, that amendment was ruled not germane and properly so. 
The reason why it was not germane was that we did not take time to 
write a bill that would really go after those who would abuse children.
  We need to take a look at the underlying statute, not just advisory 
recommendations by the Sentencing Commission. I know that there are 
plenty of people in California doing longer periods of time for very 
minor offenses. When we compare those sentences to these 
recommendations it is an embarrassment to me to say that this is the 
best we can do.
  I have a great deal of regard for the gentleman from New Mexico [Mr. 
Schiff] and the gentleman from Florida [Mr. McCollum] with whom I have 
worked. We do not agree on everything, but they are fair and reasonable 
people.
  I understand they are under a deadline. They have been given 
deadlines. The gentleman from Illinois [Mr. Hyde] indicated that he had 
been given a deadline to get this matter to the floor. They did what 
they
 had to do. The result will be our Speaker coming down with a laminated 
copy of the Contract With America, taking a hole puncher, but it is not 
going to help the vulnerable children of this country. It is not 
anything worth doing. It is a grave disappointment to me.

  A lot of people ask whether punishment is actually a deterrent when 
it comes to crime. I think legitimate questions can be asked about 
that. But when it comes to child pornography, a lucrative business that 
rewards people who would abuse children, who would force them to do 
sexual acts on video, it is a lucrative business. If the abusers of 
children for money knew that they faced life imprisonment, I think it 
would have a salutary impact. I think it would be a deterrent to those 
who would harm the children of this country.
  We know from studies that children who are abused have lifelong, 
often lifelong problems with the abuse that they underwent. There is 
nothing worse than to harbor and assist those who would hurt our 
children in this manner.
  I understand and hope that we will do better later this year. I look 
forward to working on it later this year. But the tragedy is, this is 
our chance. We could have been here today We could have done something 
real. We could have done something tough. But instead all we have got 
is a little hole punch, a little phrase, and it does not mean very 
much.
  Mr. CONYERS. Mr. Speaker, I yield myself 2 minutes, to make it clear 
that the gentlewoman from California has made a very important point 
here.
  There were two ways that we could have moved in this area. One is to 
direct the U.S. Sentencing Commission to increase penalties for child 
obscenity violations. The other was to go into the underlying statute 
of some of these antipornography laws and attempt to increase the 
penalties there, but we might have gotten into a wide area that would 
infringe on civil liberties questions and other highly technical 
questions, and this bill would not have come up.
  What I am recommending to the committee is that we do not consider 
this matter ended because of what we are doing here today. This matter 
should and has to be revisited. I would strongly suggest that we 
examine ways to directly increase the statutes without getting into a 
tangle of other problems that would not have prevented the speedy 
passage of this bill.
  This is one of the few bills during this first 100 days that, by 
moving with some dispatch, we have not offended any sensibilities or 
precluded anyone from participating in the method that we used here in 
terms of recommending that the Sentencing Commission itself increase 
criminal penalties.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. SCHIFF. Mr. Speaker, I yield myself such additional time as I may 
consume.
  I just want to say very briefly, first of all in response to the 
gentleman from Massachusetts who did raise questions about that portion 
of this bill from the committee that dealt with the RICO act, that we 
were pleased to accommodate him so that these other provisions can move 
forward; and we appreciate his cooperation on the matter.
  I want to point out, with respect to the gentlewoman from California, 
that we are here talking about the increases in penalties. The numbers 
I quoted were not the penalty but increases in penalties.
  So, for example, the penalty for creating child pornography would go 
from a range of 57- to 71-month penalties to a range of 70 months to 87 
months. So we are increasing by that number. We are not establishing 
those numbers as the penalty in and of themselves.
  However, I do want to join in what the gentleman from Michigan said, 
which is this is not the last time we can or should visit this issue. 
It is an extremely important issue. It is one that is occurring all too 
many times in our society. This is just one step. I very much want to 
thank the gentleman from Michigan for his support.
  Mr. GILMAN. Mr. Speaker, I am pleased to rise in strong support of 
H.R. 1240, the Sexual Crimes Against Children Prevention Act. I commend 
my colleague, the gentleman from Florida [Mr. McCollum], for his work 
in ensuring that important legislation is considered by the House of 
Representatives today.
  As a staunch supporter of Federal anti-pornography laws, I believe 
that H.R. 1240 is long overdue. By directing the U.S. Sentencing 
Commission to increase the sentencing guidelines for crimes involving 
child pornography and prostitution, this legislation sends a strong 
message, and demonstrates that we, as a nation, will not tolerate the 
sexual exploitation of our children.
  H.R. 1240 directs the Sentencing Commission to increase the base 
levels for creating and/or trafficking in child pornography by at least 
two levels. Specifically, this means that for a first time offender 
convicted of creating child pornography, the penalties will be 
increased from the current sentence of 57-71 months to 70-87 months. 
Furthermore, for a first time offender convicted of trafficking in 
child pornography, the sentence will be increased from 18 to 24 months 
to at least 24 to 30 months.
  With reports of child pornography becoming increasingly prevalent, we 
must act now, and control the infiltration of the obscenity and filth 
that is destroying the fabric of our society. From mail order services 
to computer access, child pornographers are finding it easier to 
distribute their illegal materials. By instituting harsher penalties 
for those who are convicted of creating, selling, and/or distributing 
obscene materials we are confirming that the exploitation of our 
children will no longer be tolerated. In addition, I am optimistic that 
the increased sentencing guidelines will also serve as a deterant to 
would-be pornographers.
  The Sexual Crimes Against Children Prevention Act is necessary 
legislation that if approved, will provide a solid victory for law 
abiding citizens. The Members of the 103d Congress were successful in 
passing legislation that reaffirms existing child pornography laws and 
maintains the continued prosecution of the sexual exploitation of 
children. The legislation we are discussing today goes a step further 
by detailing the guidelines for the punishment of these types of 
crimes. Those who violate pornography laws should be prosecuted to the 
fullest extent of the law.
  I am proud to support this legislation, and I urge my colleagues to 
join me.
  Mr. SCHIFF. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Bunning of Kentucky). The question is on 
the motion offered by the gentleman from New Mexico [Mr. Schiff] that 
the House suspend the rules and pass the bill, H.R. 1240, as amended.
  The question was taken.
  Mr. SCHIFF. Mr. 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. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 417, 
nays 0, not voting 17, as follows:

                             [Roll No. 283]

                               YEAS--417

     Abercrombie
     Ackerman
     Allard
     Archer
     Armey
     Bachus
     Baesler
     Baker (CA)
     Baker (LA)
     [[Page H4125]] Baldacci
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bateman
     Becerra
     Beilenson
     Bentsen
     Bereuter
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boucher
     Brewster
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Brownback
     Bryant (TN)
     Bryant (TX)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Cardin
     Castle
     Chabot
     Chambliss
     Chapman
     Chenoweth
     Christensen
     Chrysler
     Clay
     Clayton
     Clement
     Clinger
     Clyburn
     Coble
     Coburn
     Coleman
     Collins (GA)
     Collins (IL)
     Collins (MI)
     Combest
     Condit
     Conyers
     Cooley
     Costello
     Cox
     Coyne
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Danner
     Davis
     Deal
     DeFazio
     de la Garza
     DeLay
     Dellums
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doolittle
     Dornan
     Doyle
     Dreier
     Duncan
     Dunn
     Durbin
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Ensign
     Eshoo
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Fawell
     Fazio
     Fields (LA)
     Fields (TX)
     Filner
     Flake
     Flanagan
     Foglietta
     Foley
     Forbes
     Fowler
     Fox
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Frost
     Funderburk
     Furse
     Gallegly
     Ganske
     Gekas
     Gephardt
     Geren
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Green
     Greenwood
     Gunderson
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hamilton
     Hancock
     Hansen
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hefner
     Heineman
     Herger
     Hilleary
     Hilliard
     Hinchey
     Hobson
     Hoekstra
     Hoke
     Holden
     Horn
     Hostettler
     Houghton
     Hoyer
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jackson-Lee
     Jacobs
     Jefferson
     Johnson (CT)
     Johnson, E.B.
     Johnson, Sam
     Johnson (SD)
     Johnston
     Jones
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kildee
     Kim
     King
     Kingston
     Kleczka
     Klink
     Klug
     Knollenberg
     LaFalce
     LaHood
     Lantos
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Lightfoot
     Lincoln
     Linder
     Lipinski
     Livingston
     LoBiondo
     Lofgren
     Longley
     Lowey
     Lucas
     Luther
     Maloney
     Manton
     Manzullo
     Markey
     Martinez
     Martini
     Mascara
     Matsui
     McCarthy
     McCrery
     McDermott
     McHale
     McHugh
     McInnis
     McIntosh
     McKeon
     McKinney
     McNulty
     Meehan
     Meek
     Menendez
     Metcalf
     Meyers
     Mfume
     Mica
     Miller (CA)
     Miller (FL)
     Mineta
     Mink
     Moakley
     Molinari
     Mollohan
     Montgomery
     Moorhead
     Moran
     Morella
     Murtha
     Myers
     Myrick
     Nadler
     Neal
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Owens
     Packard
     Pallone
     Parker
     Pastor
     Paxon
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (FL)
     Peterson (MN)
     Petri
     Pickett
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Pryce
     Quillen
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Reed
     Regula
     Richardson
     Riggs
     Rivers
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roth
     Roukema
     Roybal-Allard
     Royce
     Sabo
     Salmon
     Sanders
     Sanford
     Sawyer
     Saxton
     Scarborough
     Schaefer
     Schiff
     Schroeder
     Schumer
     Scott
     Seastrand
     Sensenbrenner
     Serrano
     Shadegg
     Shaw
     Shays
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Spratt
     Stark
     Stearns
     Stenholm
     Stockman
     Stokes
     Studds
     Stump
     Stupak
     Talent
     Tanner
     Tate
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thomas
     Thompson
     Thornberry
     Thornton
     Thurman
     Tiahrt
     Torkildsen
     Torres
     Torricelli
     Towns
     Traficant
     Tucker
     Upton
     Velazquez
     Vento
     Visclosky
     Volkmer
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Ward
     Waters
     Watt (NC)
     Watts (OK)
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Williams
     Wilson
     Wise
     Wolf
     Woolsey
     Wyden
     Wynn
     Yates
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                             NOT VOTING--17

     Andrews
     Berman
     Browder
     Cramer
     DeLauro
     Ford (TN)
     Gejdenson
     Gibbons
     Kennelly
     Kolbe
     McCollum
     McDade
     Minge
     Oxley
     Reynolds
     Rose
     Rush

                              {time}  1312

  So (two-thirds having voted in favor thereof) the rules were 
suspended and the bill, as amended, was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________