[Congressional Record Volume 141, Number 197 (Tuesday, December 12, 1995)]
[House]
[Pages H14319-H14320]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         SEXUAL CRIMES AGAINST CHILDREN PREVENTION ACT OF 1995

  Mr. McCOLLUM. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 1240) to combat crime by enhancing the 
penalties for certain sexual crimes against children, with a Senate 
amendment thereto, and concur in the Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:

       Senate Amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Sex Crimes Against Children 
     Prevention Act of 1995''.

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

       The United States Sentencing Commission shall amend the 
     sentencing guidelines to--
       (1) increase the base offense level for an offense under 
     section 2251 of title 18, United States Code, by at lest 2 
     levels; and
       (2) increase the base offense level for an offense under 
     section 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 to increase the base offense level by 
     at least 2 levels for an offense committed under section 
     2251(c)(1)(A) or 2252(a) of title 18, United 

[[Page H14320]]
     States Code, 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 sex offenses against children. 
     The Commission shall include in the report--
       (1) an analysis of the sentences imposed for offenses under 
     sections 2251, 2252, and 2423 of title 18, United States 
     Code, and recommendations regarding 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, in cases in which the victim was under the age 
     of 18 years, and recommendations regarding 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 sex 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 penalties would reduce recidivism for those 
     crimes; and
       (5) such other recommendations with respect to the offenses 
     described in this section as the Commission deems 
     appropriate.

  Mr. McCOLLUM (during the reading). Mr. Speaker, I ask unanimous 
consent that the Senate amendment be considered as read and printed in 
the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  Mr. WATT of North Carolina. Mr. Speaker, reserving the right to 
object, I hope I do not have to object, and I yield to the gentleman 
from Florida [Mr. McCollum] to explain to us what is going on here.
  Mr. McCOLLUM. Mr. Speaker, we are waiving the right at the moment for 
the reading of the amendment. The gentleman from New York [Mr. Schumer] 
is going to reserve the right to object to the bill and we will discuss 
the bill. Right now we are just waiving the reading of Senate 
amendment.
  Mr. WATT of North Carolina. Mr. Speaker, I withdraw my reservation of 
objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from Florida?
  Mr. SCHUMER. Mr. Speaker, reserving the right to object, I will not 
object. I yield to the gentleman from Florida [Mr. McCollum] to explain 
the purpose of the request.
  (Mr. SCHUMER asked and was given permission to revise and extend his 
remarks.)
  Mr. McCOLLUM. Mr. Speaker, this bill strengthens the punishment for 
sexual crimes involving children by directing the United States 
Sentencing Commission to make specific modifications to its sentencing 
guidelines with respect to these crimes. The House passed this bill 
last April by a vote of 417-0. The other body has also passed this 
legislation, but in a slightly different form. On behalf of the Crime 
Subcommittee, I am satisfied that the changes made in the other body 
actually strengthen the bill and I have no objection to them.
  Accordingly, I bring the bill to the floor today for the purpose of 
agreeing to the Senate amendment to the bill and to send it to the 
President for his prompt signature.
  Mr. SCHUMER. Mr. Speaker, continuing my reservation of objection, I 
rise in support of the legislation. I commend the gentleman for 
proceeding with this bill.
  Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from Florida?
  Mr. WATT of North Carolina. Mr. Speaker, reserving the right to 
object, I will not object. I want to make sure I understand what the 
Senate amendment does.
  I yield to the gentleman from Florida [Mr. McCollum].
  Mr. McCOLLUM. Mr. Speaker, it is a very technical change of the time 
that is involved in this. I do not have it in front of me.
  Mr. WATT of North Carolina. Mr. Speaker, continuing my reservation of 
objection, it seems to me that we deserve to know what we are voting 
on.
  Mr. McCOLLUM. Mr. Speaker, if the gentleman will continue to yield, 
it changes the short title of the bill, is my understanding. It expands 
the increased penalties for possession of child pornography.
  Mr. WATT of North Carolina. Mr. Speaker, it actually expands the bill 
that we passed?
  Mr. McCOLLUM. Mr. Speaker, by a very slight amount, in the actual 
definitions that are involved, child pornography, as far as the 
penalties are concerned.
  Mr. WATT of North Carolina. Mr. Speaker, continuing my reservation of 
objection, I yield to the gentleman from New York [Mr. Schumer].
  Mr. SCHUMER. Mr. Speaker, as I understand it, and the gentleman from 
Florida can correct me if I am wrong, there are three changes. Two are 
very technical. They change the short title of the bill; that is one. 
The second takes two sentences and makes it into one run-on sentence, 
which is characteristic of the other body on occasion. And the third 
one, which is the more serious change, although also technical, makes 
possession of such pornographic materials subject to the penalty as 
well as trafficking in them.
  Mr. WATT of North Carolina. Mr. Speaker, I withdraw my reservation of 
objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from Florida?
  There was no objection.
  A motion to reconsider was laid on the table.

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