[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.
____________________