[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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