[Congressional Record Volume 148, Number 130 (Monday, October 7, 2002)]
[House]
[Pages H7048-H7053]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     CHILD ABDUCTION PREVENTION ACT

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 5422) to prevent child abduction, and for other 
purposes, as amended.
  The Clerk read as follows:

                               H.R. 5422

       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 ``Child Abduction Prevention 
     Act''.

                    TITLE I--SANCTIONS AND OFFENSES

     SEC. 101. SUPERVISED RELEASE TERM FOR SEX OFFENDERS.

       Section 3583 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(k) Supervised Release Terms for Sex Offenders.--
     Notwithstanding subsection (b), the authorized term of 
     supervised release for any offense under section 1201 
     involving a victim who has not attained the age of 18 years, 
     and for any offense under chapter 109A, 110, 117, or section 
     1591 is any term of years or life.''.

     SEC. 102. FIRST DEGREE MURDER FOR CHILD ABUSE AND CHILD 
                   TORTURE MURDERS.

       Section 1111 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) by inserting ``child abuse,'' after ``sexual abuse,''; 
     and
       (B) by inserting ``or perpetrated as part of a pattern or 
     practice of assault or torture against a child or children;'' 
     after ``robbery;''; and
       (2) by inserting at the end the following:
       ``(c) For purposes of this section--
       ``(1) the term `assault' has the same meaning as given that 
     term in section 113;
       ``(2) the term `child' means a person who has not attained 
     the age of 18 years and is--
       ``(A) under the perpetrator's care or control; or
       ``(B) at least six years younger than the perpetrator;
       ``(3) the term `child abuse' means intentionally, 
     knowingly, or recklessly causing death or serious bodily 
     injury to a child;
       ``(4) the term `pattern or practice of assault or torture' 
     means assault or torture engaged in on at least two 
     occasions;
       ``(5) the term `recklessly' with respect to causing death 
     or serious bodily injury--
       ``(A) means causing death or serious bodily injury under 
     circumstances in which the perpetrator is aware of and 
     disregards a grave risk of death or serious bodily injury; 
     and
       ``(B) such recklessness can be inferred from the character, 
     manner, and circumstances of the perpetrator's conduct;
       ``(6) the term `serious bodily injury' has the meaning set 
     forth in section 1365; and
       ``(7) the term `torture' means conduct, whether or not 
     committed under the color of law, that otherwise satisfies 
     the definition set forth in section 2340(1).''.

     SEC. 103. SEXUAL ABUSE PENALTIES.

       (a) Maximum Penalty Increases.--(1) Chapter 110 of title 
     18, United States Code, is amended--
       (A) in section 2251(d)--
       (i) by striking ``20'' and inserting ``30''; and
       (ii) by striking ``30'' the first place it appears and 
     inserting ``50'';
       (B) in section 2252(b)(1)--
       (i) by striking ``15'' and inserting ``20''; and
       (ii) by striking ``30'' and inserting ``40'';
       (C) in section 2252(b)(2)--
       (i) by striking ``5'' and inserting ``10''; and
       (ii) by striking ``10'' and inserting ``20'';
       (D) in section 2252A(b)(1)--
       (i) by striking ``15'' and inserting ``20''; and
       (ii) by striking ``30'' and inserting ``40''; and
       (E) in section 2252A(b)(2)--
       (i) by striking ``5'' and inserting ``10''; and
       (ii) by striking ``10'' and inserting ``20''.
       (2) Chapter 117 of title 18, United States Code, is 
     amended--
       (A) in section 2422(a), by striking ``10'' and inserting 
     ``20'';
       (B) in section 2422(b), by striking ``15'' and inserting 
     ``30''; and
       (C) in section 2423(a), by striking ``15'' and inserting 
     ``30''.
       (3) Section 1591(b)(2) of title 18, United States Code, is 
     amended by striking ``20'' and inserting ``40''.
       (b) Minimum Penalty Increases.--(1) Chapter 110 of title 
     18, United States Code, is amended--
       (A) in section 2251(d)--
       (i) by striking ``or imprisoned not less than 10'' and 
     inserting ``and imprisoned not less than 15'';
       (ii) by striking ``and both,'';
       (iii) by striking ``15'' and inserting ``25''; and
       (iv) by striking ``30'' the second place it appears and 
     inserting ``35'';
       (B) in section 2251A(a) and (b), by striking ``20'' and 
     inserting ``30'';
       (C) in section 2252(b)(1)--
       (i) by striking ``or imprisoned'' and inserting ``and 
     imprisoned not less than 10 years and'';
       (ii) by striking ``or both,''; and
       (iii) by striking ``5'' and inserting ``15'';
       (D) in section 2252(b)(2)--
       (i) by striking ``or imprisoned'' and inserting ``and 
     imprisoned not less than 5 years and'';
       (ii) by striking ``or both,''; and
       (iii) by striking ``2'' and inserting ``10'';
       (E) in section 2252A(b)(1)--
       (i) by striking ``or imprisoned'' and inserting ``and 
     imprisoned not less than 10 years and'';
       (ii) by striking ``or both,''; and
       (iii) by striking ``5'' and inserting ``15''; and
       (F) in section 2252A(b)(2)--
       (i) by striking ``or imprisoned'' and inserting ``and 
     imprisoned not less than 5 years and'';
       (ii) by striking ``or both,''; and
       (iii) by striking ``2'' and inserting ``10''.
       (2) Chapter 117 of title 18, United States Code, is 
     amended--
       (A) in section 2422(a)--
       (i) by striking ``or imprisoned'' and inserting ``and 
     imprisoned not less than 2 years and''; and
       (ii) by striking ``, or both'';
       (B) in section 2422(b)--
       (i) by striking ``, imprisoned'' and inserting ``and 
     imprisoned not less than 5 years and''; and
       (ii) by striking ``, or both''; and
       (C) in section 2423(a)--
       (i) by striking ``, imprisoned'' and inserting ``and 
     imprisoned not less than 5 years and''; and
       (ii) by striking ``, or both''.

[[Page H7049]]

     SEC. 104. STRONGER PENALTIES AGAINST KIDNAPPING.

       (a) Sentencing Guidelines.--Notwithstanding any other 
     provision of law regarding the amendment of Sentencing 
     Guidelines, the United States Sentencing Commission is 
     directed to amend the Sentencing Guidelines, to take effect 
     on the date that is 30 days after the date of the enactment 
     of this Act--
       (1) so that the base level for kidnapping in section 
     2A4.1(a) is increased from level 24 to level 32 (121-151 
     months);
       (2) so as to delete section 2A4.1(b)(4)(C); and
       (3) so that the increase provided by section 2A4.1(b)(5) is 
     6 levels instead of 3.
       (b) Minimum Mandatory Sentence.--Section 1201(g) of title 
     18, United States Code, is amended by striking ``shall be 
     subject to paragraph (2)'' in paragraph (1) and all that 
     follows through paragraph (2) and inserting ``shall include 
     imprisonment for not less than 20 years.''.

     SEC. 105. PENALTIES AGAINST SEX TOURISM.

       (a) In General.--Section 2423 of title 18, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Travel With Intent To Engage in Illicit Sexual 
     Conduct.--A person who travels in interstate commerce or 
     travels into the United States, or a United States citizen or 
     an alien admitted for permanent residence in the United 
     States who travels in foreign commerce, for the purpose of 
     engaging in any illicit sexual conduct with another person 
     shall be fined under this title or imprisoned not more than 
     15 years, or both.
       ``(c) Engaging in Illicit Sexual Conduct in Foreign 
     Places.--Any United States citizen or alien admitted for 
     permanent residence who travels in foreign commerce, and 
     engages in any illicit sexual conduct with another person 
     shall be fined under this title or imprisoned not more than 
     15 years, or both.
       ``(d) Ancillary Offenses.--Whoever arranges, induces, 
     procures, or facilitates the travel of a person knowing that 
     such a person is traveling in interstate commerce or foreign 
     commerce for the purpose of engaging in illicit sexual 
     conduct shall be fined under this title, imprisoned not more 
     than 15 years, or both.
       ``(e) Attempt and Conspiracy.--Whoever attempts or 
     conspires to violate subsection (a), (b), (c), or (d) shall 
     be punishable in the same manner as a completed violation of 
     that subsection.
       ``(f) Definition.--As used in this section, the term 
     `illicit sexual conduct' means (1) a sexual act (as defined 
     in section 2246) with a person that would be in violation of 
     chapter 109A if the sexual act occurred in the special 
     maritime and territorial jurisdiction of the United States; 
     or (2) any commercial sex act (as defined in section 1591) 
     with a person who has not attained the age of 18 years.
       ``(g) Defense.--In a prosecution under this section based 
     on illicit sexual conduct as defined in subsection (f)(2), it 
     is a defense, which the defendant must establish by a 
     preponderance of the evidence, that the defendant reasonably 
     believed that the person with whom the defendant engaged in 
     the commercial sex act had attained the age of 18 years.''.
       (b) Conforming Amendment.--Section 2423(a) of title 18, 
     United States Code, is amended by striking ``or attempts to 
     do so,''.

     SEC. 106. TWO STRIKES YOU'RE OUT.

       (a) In General.--Section 3559 of title 18, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(e) Mandatory Life Imprisonment for Repeated Sex Offenses 
     Against Children.--
       ``(1) In general.--A person who is convicted of a Federal 
     sex offense in which a minor is the victim shall be sentenced 
     to life imprisonment if the person has a prior sex conviction 
     in which a minor was the victim, unless the sentence of death 
     is imposed.
       ``(2) Definitions.--For the purposes of this subsection--
       ``(A) the term `Federal sex offense' means--
       ``(i) an offense under section 2241 (relating to aggravated 
     sexual abuse), 2242 (relating to sexual abuse), 2243(a) 
     (relating to sexual abuse of a minor), 2244(a)(1) or (2) 
     (relating to abusive sexual contact), 2245 (relating to 
     sexual abuse resulting in death), or 2251A (relating to 
     selling or buying of children); or
       ``(ii) an offense under section 2423(a) (relating to 
     transportation of minors) involving prostitution or sexual 
     activity constituting a State sex offense;
       ``(B) the term `State sex offense' means an offense under 
     State law that consists of conduct that would be a Federal 
     sex offense if, to the extent or in the manner specified in 
     the applicable provision of this title--
       ``(i) the offense involved interstate or foreign commerce, 
     or the use of the mails; or
       ``(ii) the conduct occurred in any commonwealth, territory, 
     or possession of the United States, within the special 
     maritime and territorial jurisdiction of the United States, 
     in a Federal prison, on any land or building owned by, leased 
     to, or otherwise used by or under the control of the 
     Government of the United States, or in the Indian country (as 
     defined in section 1151);
       ``(C) the term `prior sex conviction' means a conviction 
     for which the sentence was imposed before the conduct 
     occurred constituting the subsequent Federal sex offense, and 
     which was for a Federal sex offense or a State sex offense;
       ``(D) the term `minor' means an individual who has not 
     attained the age of 17 years; and
       ``(E) the term `State' has the meaning given that term in 
     subsection (c)(2).''.
       (b) Conforming Amendment.--Sections 2247(a) and 2426(a) of 
     title 18, United States Code, are each amended by inserting 
     ``, unless section 3559(e) applies'' before the final period.

               TITLE II--INVESTIGATIONS AND PROSECUTIONS

         Subtitle A--Law Enforcement Tools To Protect Children

     SEC. 201. LAW ENFORCEMENT TOOLS TO PROTECT CHILDREN.

       (a) In General.--Section 2516(1) of title 18, United States 
     Code, is amended--
       (1) in subparagraph (a), by inserting after ``chapter 37 
     (relating to espionage),'' the following: ``chapter 55 
     (relating to kidnapping),''; and
       (2) in subparagraph (c)--
       (A) by striking ``2251 and 2252'' and inserting ``2251, 
     2251A, 2252, and 2252A''; and
       (B) by inserting ``section 2423(b) (relating to travel with 
     intent to engage in a sexual act with a juvenile),'' after 
     ``motor vehicle parts),''.
       (b) Transportation for Illegal Sexual Activity.--Section 
     2516(1) of title 18, United States Code, is amended--
       (1) by striking ``or'' at the end of paragraph (q);
       (2) by inserting after paragraph (q) the following:
       ``(r) a violation of section 2422 (relating to coercion and 
     enticement) and section 2423(a) (relating to transportation 
     of minors) of this title, if, in connection with that 
     violation, the intended sexual activity would constitute a 
     felony violation of chapter 109A or 110, including a felony 
     violation of chapter 109A or 110 if the sexual activity 
     occurred, or was intended to occur, within the special 
     maritime and territorial jurisdiction of the United States, 
     regardless of where it actually occurred or was intended to 
     occur; or''; and
       (3) by redesignating paragraph (r) as paragraph (s).

     SEC. 202. NO STATUTE OF LIMITATIONS FOR CHILD ABDUCTION AND 
                   SEX CRIMES.

       (a) In General.--(1) Chapter 213 of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 3296. Child abduction and sex offenses

       ``Notwithstanding any other provision of law, an indictment 
     may be found or an information instituted at any time without 
     limitation for any offense under section 1201 involving a 
     minor victim, and for any felony under chapter 109A, 110, or 
     117, or section 1591.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``3296. Child abduction and sex offenses.''.
       (b) Application.--The amendments made by this section shall 
     apply to the prosecution of any offense committed before, on, 
     or after the date of the enactment of this section.

 Subtitle B--No Pretrial Release for Those Who Rape or Kidnap Children

     SEC. 221. NO PRETRIAL RELEASE FOR THOSE WHO RAPE OR KIDNAP 
                   CHILDREN.

       Section 3142(e) of title 18, United States Code, is 
     amended--
       (1) by inserting ``1201 (if the victim has not attained the 
     age of 18 years), 1591 (if the victim has not attained the 
     age of 18 years),'' before ``or 2332b''; and
       (2) by striking ``of title 18 of the United States Code'' 
     and inserting ``or a felony offense under chapter 109A, 110, 
     or 117 where a victim has not attained the age of 18 years''.

 Subtitle C--No Waiting Period To Report Missing Children ``Suzanne's 
                                 Law''

     SEC. 241. AMENDMENT.

       Section 3701(a) of the Crime Control Act of 1990 (42 U.S.C. 
     5779(a)) is amended by striking ``age of 18'' and inserting 
     ``age of 21''.

   Subtitle D--Recordkeeping to Demonstrate Minors Were Not Used in 
                       Production of Pornography

     SEC. 261. RECORDKEEPING TO DEMONSTRATE MINORS WERE NOT USED 
                   IN PRODUCTION OF PORNOGRAPHY.

       Not later than 1 year after enactment of this Act, the 
     Attorney General shall submit to Congress a report detailing 
     the number of times since January 1993 that the Department of 
     Justice has inspected the records of any producer of 
     materials regulated pursuant to section 2257 of title 18, 
     United States Code, and section 75 of title 28 of the Code of 
     Federal Regulations. The Attorney General shall indicate the 
     number of violations prosecuted as a result of those 
     inspections.

                       TITLE III--PUBLIC OUTREACH

     SEC. 301. NATIONAL COORDINATION OF AMBER ALERT COMMUNICATIONS 
                   NETWORK.

       (a) Coordination Within Department of Justice.--The 
     Attorney General shall assign an officer of the Department of 
     Justice to act as the national coordinator of the AMBER Alert 
     communications network regarding abducted children. The 
     officer so designated shall be known as the AMBER Alert 
     Coordinator of the Department of Justice.
       (b) Duties.--In acting as the national coordinator of the 
     AMBER Alert communications network, the Coordinator shall--
       (1) seek to eliminate gaps in the network, including gaps 
     in areas of interstate travel;
       (2) work with States to encourage the development of 
     additional elements (known as local AMBER plans) in the 
     network;

[[Page H7050]]

       (3) work with States to ensure appropriate regional 
     coordination of various elements of the network; and
       (4) act as the nationwide point of contact for--
       (A) the development of the network; and
       (B) regional coordination of alerts on abducted children 
     through the network.
       (c) Consultation With Federal Bureau of Investigation.--In 
     carrying out duties under subsection (b), the Coordinator 
     shall notify and consult with the Director of the Federal 
     Bureau of Investigation concerning each child abduction for 
     which an alert is issued through the AMBER Alert 
     communications network.
       (d) Cooperation.--The Coordinator shall cooperate with the 
     Secretary of Transportation and the Federal Communications 
     Commission in carrying out activities under this section.

     SEC. 302. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF 
                   ALERTS THROUGH AMBER ALERT COMMUNICATIONS 
                   NETWORK.

       (a) Establishment of Minimum Standards.--Subject to 
     subsection (b), the AMBER Alert Coordinator of the Department 
     of Justice shall establish minimum standards for--
       (1) the issuance of alerts through the AMBER Alert 
     communications network; and
       (2) the extent of the dissemination of alerts issued 
     through the network.
       (b) Limitations.--(1) The minimum standards established 
     under subsection (a) shall be adoptable on a voluntary basis 
     only.
       (2) The minimum standards shall, to the maximum extent 
     practicable (as determined by the Coordinator in consultation 
     with State and local law enforcement agencies), provide that 
     the dissemination of an alert through the AMBER Alert 
     communications network be limited to the geographic areas 
     most likely to facilitate the recovery of the abducted child 
     concerned.
       (3) In carrying out activities under subsection (a), the 
     Coordinator may not interfere with the current system of 
     voluntary coordination between local broadcasters and State 
     and local law enforcement agencies for purposes of the AMBER 
     Alert communications network.
       (c) Cooperation.--(1) The Coordinator shall cooperate with 
     the Secretary of Transportation and the Federal 
     Communications Commission in carrying out activities under 
     this section.
       (2) The Coordinator shall also cooperate with local 
     broadcasters and State and local law enforcement agencies in 
     establishing minimum standards under this section.

     SEC. 303. GRANT PROGRAM FOR NOTIFICATION AND COMMUNICATIONS 
                   SYSTEMS ALONG HIGHWAYS FOR RECOVERY OF ABDUCTED 
                   CHILDREN.

       (a) Program Required.--The Secretary of Transportation 
     shall carry out a program to provide grants to States for the 
     development or enhancement of notification or communications 
     systems along highways for alerts and other information for 
     the recovery of abducted children.
       (b) Activities.--Activities funded by grants under the 
     program under subsection (a) may include--
       (1) the development or enhancement of electronic message 
     boards along highways and the placement of additional signage 
     along highways; and
       (2) the development or enhancement of other means of 
     disseminating along highways alerts and other information for 
     the recovery of abducted children.
       (c) Federal Share.--The Federal share of the cost of any 
     activities funded by a grant under the program under 
     subsection (a) may not exceed 50 percent.
       (d) Distribution of Grant Amounts on Geographic Basis.--The 
     Secretary shall, to the maximum extent practicable, ensure 
     the distribution of grants under the program under subsection 
     (a) on an equitable basis throughout the various regions of 
     the United States.
       (e) Administration.--The Secretary shall prescribe 
     requirements, including application requirements, for grants 
     under the program under subsection (a).
       (f) Authorization of Appropriations.--(1) There is 
     authorized to be appropriated for the Department of 
     Transportation $20,000,000 for fiscal year 2003 to carry out 
     this section.
       (2) Amounts appropriated pursuant to the authorization of 
     appropriations in paragraph (1) shall remain available until 
     expended.

     SEC. 304. GRANT PROGRAM FOR SUPPORT OF AMBER ALERT 
                   COMMUNICATIONS PLANS.

       (a) Program Required.--The Attorney General shall carry out 
     a program to provide grants to States for the development or 
     enhancement of programs and activities for the support of 
     AMBER Alert communications plans.
       (b) Activities.--Activities funded by grants under the 
     program under subsection (a) may include--
       (1) the development and implementation of education and 
     training programs, and associated materials, relating to 
     AMBER Alert communications plans;
       (2) the development and implementation of law enforcement 
     programs, and associated equipment, relating to AMBER Alert 
     communications plans; and
       (3) such other activities as the Secretary considers 
     appropriate for supporting the AMBER Alert communications 
     program.
       (c) Federal Share.--The Federal share of the cost of any 
     activities funded by a grant under the program under 
     subsection (a) may not exceed 50 percent.
       (d) Distribution of Grant Amounts on Geographic Basis.--The 
     Attorney General shall, to the maximum extent practicable, 
     ensure the distribution of grants under the program under 
     subsection (a) on an equitable basis throughout the various 
     regions of the United States.
       (e) Administration.--The Attorney General shall prescribe 
     requirements, including application requirements, for grants 
     under the program under subsection (a).
       (f) Authorization of Appropriations.--(1) There is 
     authorized to be appropriated for the Department of Justice 
     $5,000,000 for fiscal year 2003 to carry out this section.
       (2) Amounts appropriated pursuant to the authorization of 
     appropriations in paragraph (1) shall remain available until 
     expended.

     SEC. 305. INCREASED SUPPORT.

       Section 404(b)(2) of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5773(b)(2)) is amended by 
     striking ``2002, and 2003'' and inserting ``and 2002 and 
     $20,000,000 for each of fiscal years 2003 and 2004''.

     SEC. 306. SEX OFFENDER APPREHENSION PROGRAM.

       Section 1701(d) of part Q of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is 
     amended--
       (1) by redesignating paragraphs (10) and (11) as (11) and 
     (12), respectively; and
       (2) by inserting after paragraph (9) the following:
       ``(10) assist a State in enforcing a law throughout the 
     State which requires that a convicted sex offender register 
     his or her address with a State or local law enforcement 
     agency and be subject to criminal prosecution for failure to 
     comply;''.

                        TITLE IV--MISCELLANEOUS

     SEC. 401. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND 
                   EXPLOITED CHILDREN.

       Section 3056 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(f) Under the direction of the Secretary of the Treasury, 
     officers and agents of the Secret Service are authorized, at 
     the request of any State or local law enforcement agency, or 
     at the request of the National Center for Missing and 
     Exploited Children, to provide forensic and investigative 
     assistance in support of any investigation involving missing 
     or exploited children.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentleman from Virginia (Mr. 
Scott) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on the bill, H.R. 5422, 
currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, children today are more at risk than ever to falling 
prey to sexual predators. Sexual exploitation of children, a prime 
motive for kidnapping, is on the rise. When it comes to abduction, rape 
and murder of children, the United States must have a zero tolerance 
policy. Our children are not statistics, and no level of abductions is 
acceptable.
  H.R. 5422, the Child Abduction Prevention Act of 2002, will send a 
clear message that child abductors will not escape justice. This 
legislation strengthens penalties against kidnapping, subjects those 
who abduct and sexually exploit children to the possibility of lifetime 
supervision, aids law enforcement to effectively prevent, investigate 
and prosecute crimes against children, and provides families and 
communities with immediate and effective assistance to recover a 
missing child.
  An abducted child is a parent's worst nightmare. We must ensure that 
law enforcement has every possible tool necessary to try and recover a 
missing child quickly and safely. Prompt public alerts of an abducted 
child could be the difference between life and death for that innocent 
victim. To accomplish this, H.R. 5422 establishes a national AMBER 
Alert program to expand the child abduction communications warning 
network throughout the United States.
  For those individuals that would harm a child, we must ensure that 
punishment is severe and that sexual predators are not allowed to slip 
through

[[Page H7051]]

the cracks of the system to harm other children. To this end, the 
legislation provides a 20-year mandatory minimum sentence of 
imprisonment for nonfamilial abductions of a child under the age of 18, 
lifetime supervision for sex offenders, and mandatory life imprisonment 
for second-time offenders. Furthermore, H.R. 5422 removes any statute 
of limitations and opportunity for pretrial release for crimes of child 
abduction and sex offenses.
  Those who abduct children are often serial offenders who have 
actually been convicted of similar offenses. Sex offenders and child 
molesters are four times more likely than any other violent criminals 
to recommit their crimes. This number demands attention, especially in 
light of the fact that a single child molester on average destroys the 
lives of over 100 children. In response, H.R. 5422 provides judges with 
the discretion to impose lifetime supervision of such offenders.
  The bill also fights against an industry supporting one of the 
fastest growing areas of international criminal activity. The sex 
tourism industry obtains its victims through kidnapping and trafficking 
of women and children. These women and children are then forced into 
prostitution. The bill addresses this problem.
  Passage of this legislation also increases support for the National 
Center for Missing and Exploited Children, the Nation's resource center 
for child protection. The center assists in the recovery of missing 
children and raises public awareness on ways to protect children from 
abduction, molestation, and sexual exploitation. H.R. 5422 doubles the 
Federal funds for the center to $20 million by 2004 in recognition of 
its important role in these efforts to prevent child abductions.
  Many of the provisions of H.R. 5422 previously passed the House in 
separate bills with tremendous bipartisan support. This legislation 
deserves the same support.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in opposition to H.R. 5422. I would like to be 
able to support the AMBER Alert portion of this bill; but that 
bipartisan, noncontroversial part of the bill has been buried literally 
behind a host of controversial soundbite-based provisions which may do 
more harm than good if passed. The AMBER Alert portion of the bill, 
which is the only justification for being here today, would provide 
grants and assistance to States and localities to establish a national 
system of communications and alerts to assist with locating and 
returning missing and abducted children. The system has proven itself 
at the State level and could help save lives and additional heartache 
on a national basis.
  An AMBER Alert bill has already passed the Senate unanimously and 
could easily pass the House. America On-Line has already implemented an 
AMBER Alert system over its Internet systems and the President, through 
the first White House council on missing, exploited and runaway 
children which was held last week, has directed Federal agencies to 
assist. If we had before us either the bill introduced by the gentleman 
from Texas (Mr. Frost) and the gentlewoman from Washington (Ms. Dunn), 
called the Amber Alert bill, or the companion Senate bill which has 
already passed that House a few weeks ago, I would be speaking in favor 
of that bill and urging its passage. Instead, we have additional death 
penalty provisions and more mandatory minimum penalties, as if we do 
not already have too many of both.
  We all know the problems we have with implementing the death penalty 
in this country. Over 100 individuals on death row have been exonerated 
in the last decade. Until we pass the Innocence Protection Act to 
shield against more innocent individuals being sentenced to death, we 
should not be passing more death penalties, especially complicating a 
noncontroversial bill to establish a national alert system to protect 
children. That Innocence Protection Act has over 240 cosponsors, so we 
should pass that. But in the meantime, this bill includes more new 
death penalties.
  The bill also includes mandatory minimum penalties. Mandatory 
minimums have been studied and been found to distort the sentencing 
process, discriminate against minorities, and waste the taxpayers' 
money. Even Chief Justice Rehnquist, who is no flaming liberal when it 
comes to crime issues, has decried the effects of mandatory minimum 
sentences on a rational sentencing process and states that mandatory 
minimums are frequently the result of floor amendments to demonstrate 
emphatically that legislators want to be ``tough on crime.'' Just as 
frequently, they do not involve any careful consideration of the effect 
they may have on sentencing guidelines as a whole.
  One of the worst examples of mandatory minimums included in the bill 
is the ``two strikes and you're out'' bill that comes before us today, 
which mandates a life term without eligibility for parole for offenses, 
including consensual sexual activity between a 19-year-old and a 15-
year-old, including those that may even be engaged to be married. Such 
approaches will do nothing to reduce crimes against children and may 
even endanger them. A professor from the University of California Law 
School at Berkeley in his testimony at an earlier version of ``two 
strikes'' cautioned that when we punish lesser offenses such as 
consensual sex crimes with the same penalty reserved for the highest 
grade of murder, a child sex offender would have nothing further to 
lose, if not an incentive, to eliminate the victim who is the most 
important witness against him.
  Furthermore, because the ``two strikes'' bill applies to cases 
brought in Federal jurisdiction, 75 percent of those cases will involve 
Native Americans on reservations. This means that two offenders 
sentenced for the same crime in the same State with the same prior 
criminal record could receive such varied results as probation for one 
and life without parole for the other depending on whether the crime 
was committed on one side of the reservation line or the other. It is 
grossly unfair to subject one group of people to such a vastly 
disparate impact of law based on the fact that they live on a 
reservation. Amendments to exclude these types of consensual sex crimes 
and their Draconian impacts on Native Americans were rejected in 
committee. Although all parts of this bill have passed the House during 
the last three Congresses, it is small wonder why the Senate has not 
seen fit to take up this matter.
  In addition to the ``two strikes and you're out,'' there is a 
lifetime supervision provision, sex crimes wiretapping, sex tourism, 
all parts of this bill, all have passed the House and are awaiting 
Senate action. If the Senate has not seen fit to take any of them up 
because they do not have sufficient merit, now or in the last three 
Congresses, why would we think the Senate would see more merit in them 
with more new death penalties and additional mandatory minimums? And 
why should we jeopardize children by tying up a clearly meritorious, 
bipartisan, noncontroversial bill that could help them and get that 
into a legislative quagmire just for the purposes of having individuals 
have their little bills passed one more time?
  Mr. Speaker, I would hope that we will put aside the politics of 
divisive, repetitive soundbite legislation, defeat this bill and take 
up a bill which would be the AMBER Alert bill that has already passed 
the Senate or the House version of that bill.
  Mr. Speaker, I hope that we would defeat the motion to suspend the 
rules and defeat this legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of my 
time.
  Mr. Speaker, just because the other body has not taken up a bill that 
has overwhelmingly passed this body is no reason why we should turn our 
back on trying to get it through in another method. I believe that all 
of the provisions of this bill are very meritorious. I intend to ask 
for a rollcall, and I think that most of the Members of this body will 
agree.
  Mr. SMITH of Texas. Mr. Speaker, this legislation is good policy. It 
has the potential to protect and save lives, the lives of the most 
innocent among us. H.R. 5422 is divided into three titles: Sanctions 
and offenses, investigation and prosecution, and public outreach. This 
legislation ensures that our Nation's laws protect our children from 
those that would prey on them.

[[Page H7052]]

  Title I, ``Sanctions and Offenses,'' strengthens the penalties 
against kidnapping by providing for a 20-year mandatory minimum 
sentence of imprisonment for non-family abductions of a child under the 
age of 18.
  The section includes Representative George Gekas' bill, H.R. 4679, 
that requires lifetime supervision for sex offenders. Also included is 
Representative Mark Green's bill, H.R. 2146, that requires mandatory 
life imprisonment for second time offenders. Chairman Jim 
Sensenbrenner's bill, H.R. 4477, strengthens the laws related to travel 
to foreign countries for sex with minors, and is a part of this 
legislation.
  In addition, this title directs the U.S. Sentencing Commission to 
increase offense levels for crimes of kidnapping, expands the crime of 
sexual abuse murder, and adds child abuse that results in murder as a 
predicate for first degree murder.
  Title II, ``Effective Investigation and Prosecution,'' includes 
Representative Nancy Johnson's bill, H.R. 1877, which adds for new 
wiretap predicates that relate to sexual exploitation crimes against 
children.
  It also provides that child abductions and felony sex offenses can be 
prosecuted without limitation of time and provides a rebuttable 
presumption that child rapists and kidnappers should not get pre-trial 
release.
  Title III, ``Public Outreach,'' establishes a national AMBER Alert 
program based on Representative Jennifer Dunn's and Representative 
Martin Frost's bill to expand the child abduction communications 
warning network throughout the United States.
  The AMBER program is a voluntary partnership between law-enforcement 
agencies and broadcasters to activate an urgent alert bulletin in 
serious child-abduction cases.
  This title also increases support for the National Center for Missing 
and Exploited Children by doubling its authorization to $20 million. 
Further, the title authorizes COPS funding for local law enforcement 
agencies to establish sex offender apprehension programs within their 
states.
   Mr. Speaker, the recent wave of high profile child abductions 
illustrates the tremendous need for legislation in this area. These 
criminals breach the security of our homes to kidnap, molest, rape, and 
kill our children. Immediate action is necessary. I urge my colleagues 
to support this legislation.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today to remind us 
that, as America is considering war with Iraq, we have threats to our 
children's security that we have yet to carefully consider.
  Child abduction is one of many threats to our children that we must 
address thoughtfully and comprehensively. I am disappointed with the 
majority's approach dealing with the very serious problem of child 
abduction and protecting our children.
  Just last week at the White House Conference on Missing and Exploited 
and Runaway Children, the President said he supports the AMBER Plan 
legislation passed by the Senate. When discussing the AMBER Plan he 
also said, ``the House hasn't acted yet.'' Sadly, our children are 
still in danger because of House inaction. We had the opportunity to 
act, but we let it go. The bipartisan legislation to create a national 
Amber Alert System quickly passed the Senate and it should have passed 
the House and been sent to the President. Instead what we have is a 
bill that has AMBER Alert provisions and as well as a host of unrelated 
provisions that will undoubtedly make it difficult to pass this 
legislation in the Senate.
  I support the underlying purpose of the Child Abduction Prevention 
Act (H.R. 5422), but I am concerned that we are hastily putting 
together legislation to confront issues that need to be addressed in 
more comprehensive and meaningful ways. I know, for example, that H.R. 
5422 includes provisions from the National AMBER Network Act. But the 
AMBER provisions of the Omnibus Child Protection Act are not the same 
as having a standalong bipartisan bill to comprehensively facilitate 
the implementation of State and local AMBER Alert Plans.
  Around the country we have seen a rash of children being abducted. 
Many of these children are never found or returned alive. The stories 
of child abductions have become all too common. Over 2,000 children are 
abducted or missing everyday. Studies indicated that 74 percent of 
children who were kidnapped and later found murdered were killed in the 
first 3 hours of being taken.
  We know that when a child is abducted it is important to mobilize the 
entire community quickly. The AMBER Alert Plan was instituted in 1996, 
when 9-year old Amber Hagerman was kidnapped and murdered in Arlington, 
Texas. Under the AMBER Plan, local radio and television stations 
interrupt programming to broad cast information about the abducted 
child.
  By mobilizing thousands of people to safely recover an abducted 
child, we know that our children are more likely to be recovered. The 
AMBER Plan works. To date the AMBER Alert has been credited with 
recovering 31 children. Still, the vast majority of America's 
communities have not established an Amber Plan to protect our children. 
That is why it is critical that Congress moves to build on the success 
of the AMBER Plan. The National AMBER Alert Networks Act (H.R. 5326) 
aimed to build a seamless network of local AMBER Plans.
  The Child Abduction Prevention Act of 2002 delays the passage of 
legislation that could swiftly move toward protecting our children. In 
addition, it does not address all the issues that are relevant to 
protecting our children. More comprehensive legislation would include 
provisions to treat children who have experienced the trauma of 
abduction. We must not forget that once our children are rescued they 
need medical attention and treatment to help them cope with the 
psychological effects of such a horrifying experience.
  I am sorry that we have reached a point where we are in more of rush 
to put legislation together than we are interested in looking at all 
the tools that are available to help our children. I hope that in a 
better climate we can look at legislation that will extensively 
facilitate the protection of children from violent crimes. One such 
bill is the Save Our Children: Stop the Violent Predators Against Our 
Children DNA Act of 2002. We know that DNA is a critical tool if we are 
going to capture violent offenders who have preyed on our children. 
Yet, only 22 State Sex Offender Registries collect and maintain DNA 
samples as a part of registration.
  The DNA Act of 2002 directs the Attorney General to establish and 
maintain a database solely for collecting DNA information with respect 
to violent predators against children. This bill also authorizes 
Federal, State and local agencies to submit DNA information for the 
database, and to compare DNA information with the DNA database.
  There is nothing that devastates parents, friends, and a community 
more than a reported child abduction. What do we say to those families 
who are watching day-by-day as more stories of abductions are reported 
but we have yet to act?
  In my own district these tragic acts of violence have hit home. Laura 
Ayala, a 13-year-old girl from Houston was reported missing after 
leaving her apartment to buy a newspaper at a nearby gas station. Only 
her shoes were found.
  We know that 5-year-old Rilya Wilson was staying with her grandmother 
in January 2001 when someone showed up saying they were with the 
Department of Children and Families and took her away. Tragically, she 
is still unaccounted for. There are too many similar cases of our 
children being abducted and all too often harmed.
  Mr. Speaker, a murder is the only major cause of childhood death that 
has increased in the past three decades. Something must be done to 
reverse this reality. I am dismayed that we are stalling progress with 
legislation that does not include all the tools to help protect our 
children and includes provisions we know will prevent it from passing.
  Mr. FROST. Mr. Speaker, each year, over 58,000 children in America 
are abducted by predators. Although the vast majority of such children 
are safely returned to their parents--too many children are not. As a 
parent and a grandparent, I cannot imagine anything more devastating 
then having a child snatched away.
  AMBER Alerts are one of the most effective tools available to keep 
our children safe. We have all seen how successful AMBER Alerts can be. 
To date, they have been credited with the recovery of 32 children. And 
thanks to the work of the National Center for Missing and Exploited 
Children and other organizations, there are now 66 AMBER Plans, 
including 24 statewide plans. Still, the vast majority of America's 
communities have not established an AMBER Plan to protect their 
children.
  Last week, I met with the parents of Elizabeth Smart, good people who 
have had to endure every parent's worst nightmare. They were on Capitol 
Hill to urge the House to pass the National AMBER Alert Network Act, 
which I've introduced with my Republican colleague Jennifer Dunn.Our 
bill mirrors the AMBER Alert legislation that has already passed the 
Senate. Also last week, President Bush called on the House to pass our 
bill so we could establish a national child abduction alert system this 
year.
  We've been working with Chairman Sensenbrenner, Ranking Member 
Conyers and other members of the Judiciary Committee to pass a national 
AMBER Alert and I want to thank them for including our bill's key 
provisions in H.R. 5422, the Omnibus Child Abduction Prevention Act.
  Our bill provides $25 million in needed funding to create a seamless 
network of local AMBER Plans across America. President Bush called this 
funding crucial to implementing an AMBER Alert network to protect every 
American child.
  I am very pleased that Chairman Sensenbrenner recognized the 
importance of the

[[Page H7053]]

AMBER Alert by including our bill in this child protection package, but 
frankly, I would have preferred it if our bill had been brought up for 
a vote in the form that has already passed the Senate. That bill would 
go straight to the President's desk and we could immediately begin 
setting up a national AMBER network.
  I am pleased to vote to pass this bill today, but this is a large 
package with some controversial provisions that may not pass the Senate 
this year. If the Senate does not act on this larger bill, I will 
implore the House Republican leadership not to play politics on this 
issue and request that we vote on the National AMBER Alert Network Act 
that has already passed that Chamber.
  The AMBER Alert has proven its effectiveness and every child deserves 
its protections. There is no excuse for not passing a national AMBER 
Alert network into law this year.
  Mr. ROYCE. Mr. Speaker, I rise in strong support of H.R. 5422, the 
Child Abduction Prevention Act. I am pleased to be an original 
cosponsor of the AMBER Alert legislation contained in this bill. As we 
witnessed this past summer, Amber Plans have worked to bring children 
home safely. An AMBER Alert was sent out to a number of States to 
search for 10-year old Nicole Timmons of Riverside, California. The 
alert was not only delivered throughout California but also in 
neighboring States, and Nicole was found in Nevada. What if Nicole's 
abductor went to an area that wasn't covered by the AMBER Alert System?
  Currently, there is no national coordination. In fact, only 18 states 
have statewide plans and when an AMBER Alert is activated, all areas of 
the country are not covered. Instead, the alert is targeted more 
locally, regionally, or statewide. With the recent expansion of the 
AMBER Alert Program, a system is needed to ensure that neighboring 
states and communities will be able to honor each other's alerts when 
an abductor is traveling with the child to other parts of the country. 
This bill helps coordinate AMBER Alerts nationally. We need a 
coordinated nation-wide effort so that abducted children transported 
across state lines do not fall through the cracks. Speed is essential 
when trying to rescue an abducted child. Seventy-four percent of 
children who are murdered by their abductors are killed within 3 hours 
of being taken. That's why it is imperative that law enforcement and 
the media react quickly and get the word back to the community.
  The AMBER Alert Plan does just that by sending an emergency alert to 
the public when a child has been abducted. Several high profile child 
abductions and recoveries have recently demonstrated how successful the 
AMBER Alert Plan can be--to date, the AMBER Alert has been credited 
with recovering about 30 children.
  In addition, the bill would provide grants on a 50-50 matching basis 
to update provide training and technology to law enforcement, and for 
the purpose of disseminating alerts. The Senate has passed similar 
legislation and President George Bush has also announced his strong 
support for a national AMBER Alert Network. I urge Congress to pass 
this important bill quickly so that the AMBER Alert System will be 
there for all of our Nation's children.
  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.

                              {time}  1500

  The SPEAKER pro tempore (Mr. Cantor). The question is on the motion 
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the 
House suspend the rules and pass the bill, H.R. 5422, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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