[House Report 107-525]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-525
======================================================================
SEX TOURISM PROHIBITION IMPROVEMENT ACT OF 2002
_______
June 24, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4477]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 4477) to amend title 18, United States Code, with
respect to crimes involving the transportation of persons and
sex tourism, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Vote of the Committee............................................ 4
Committee Oversight Findings..................................... 4
Performance Goals and Objectives................................. 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Constitutional Authority Statement............................... 5
Section-by-Section Analysis and Discussion....................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Markup Transcript................................................ 7
Dissenting Views................................................. 17
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sex Tourism Prohibition Improvement
Act of 2002''.
SEC. 2. SECTION 2423 AMENDMENTS.
(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 the individual engaging in the commercial sex
act, knows or should have known has not 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,''.
Purpose and Summary
H.R. 4477, the ``Sex Tourism Prohibition Improvement Act of
2002,'' addresses a number of problems related to persons who
travel to foreign countries and engage in illicit sexual
relations with minors. Current law requires the Government to
prove that the defendant traveled ``for the purpose'' of
engaging in the illegal activity. Under this bill the
Government would only have to prove that the defendant engaged
in illicit sexual conduct with a minor while in a foreign
country. This legislation also criminalizes the actions of sex
tour operators by prohibiting persons from arranging, inducing,
procuring, or facilitating the travel of a person knowing that
such a person is traveling in interstate or foreign commerce
for the purpose of engaging in illicit sexual conduct.
Background and Need for the Legislation
Many developing countries have fallen prey to the serious
problem of international sex tourism. According to the National
Center for Missing and Exploited Children, child-sex tourism is
a major component of the worldwide sexual exploitation of
children and is increasing. There are more than 100 web sites
devoted to promoting teenage commercial sex in Asia alone.
Because poor countries are often under economic pressure to
develop tourism, those governments often turn a blind eye
toward this devastating problem because of the income it
produces. Children around the world have become trapped and
exploited by the sex tourism industry.
There would be no need for a sex tourism statute if foreign
countries successfully prosecuted U.S. citizens or resident
aliens for the child sex crimes committed within their borders.
However, for reasons ranging from ineffective law enforcement,
lack of resources, corruption, and generally immature legal
systems, sex tourists often escape prosecution in the host
countries. It is in those instances that the United States has
an interest in pursuing criminal charges in the United States.
The Justice Department, Federal law enforcement agencies,
the State Department and other U.S. entities expend significant
resources assisting foreign countries most afflicted with sex
tourism to improve their domestic response to such criminal
offenses. Our assistance encompasses informal as well as formal
training of foreign law enforcement officers and prosecutors in
the investigation and prosecution of sex tourism crimes. By and
large these countries reach out to the United States for help
and some even blame the United States for the problem, arguing
that many of the sex tourists are American. Some of the foreign
or ``host'' countries experiencing significant problems with
sex tourism, such as Nicaragua, Costa Rica, Thailand and the
Philippines, have requested that the United States act to deal
with this growing problem.
Current law requires the Government to prove that the
defendant traveled to a foreign country with the intent to
engage in sex with a minor. H.R. 4477 eliminates the intent
requirement where the defendant completes the travel and
actually engages in the illicit sexual activity with a minor.
The bill also criminalizes the actions of sex tour operators by
prohibiting persons from arranging, inducing, procuring, or
facilitating the travel of a person knowing that such a person
is traveling in interstate or foreign commerce for the purpose
of engaging in illicit sexual conduct with a minor. This
legislation will close significant loopholes in the law that
persons who travel to foreign countries seeking sex with
children are currently using to their advantage in order to
avoid prosecution.
Hearings
The Committee's Subcommittee on Crime, Terrorism, and
Homeland Security held 2 days of hearings on H.R. 4477 and
other bills relating to similar issues. Testimony was received
on May 1, 2002, from three (3) witnesses: (1) Michael J.
Heimbach, Unit Chief, Crimes Against Children Unit, Federal
Bureau of Investigation; (2) Ernie Allen, President and Chief
Executive Officer for the National Center for Missing &
Exploited Children; and (3) Lt. Bill Walsh, with the Dallas
Internet Crimes Against Children Taskforce. On May 9, 2002, the
Subcommittee received testimony from: Daniel Collins, Associate
Deputy Attorney General, Office of the Attorney General, U.S.
Department of Justice.
Committee Consideration
On May 9, 2002, the Subcommittee on Crime, Terrorism, and
Homeland Security met in open session and ordered favorably
reported the bill H.R. 4477, by voice vote, a quorum being
present. On June 19, 2002, the Committee met in open session
and ordered favorably reported the bill H.R. 4477 with
amendment by voice vote, a quorum being present.
Vote of the Committee
There were no recorded votes on H.R. 4477.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Performance Goals and Objectives
H.R. 4477 does not authorize funding. Therefore, clause
3(c) of rule XIII of the Rules of the House of Representatives
is inapplicable.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 4477, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 18, 2002.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4477, the Sex
Tourism Prohibition Improvement Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 4477--Sex Tourism Prohibition Improvement Act of 2002.
H.R. 4477 would establish new Federal crimes relating to
interstate or international travelers (or persons facilitating
such travel) who engage in illegal sexual activity. CBO
estimates that implementing the bill would not result in any
significant cost to the Federal Government. Because enactment
of H.R. 4477 could affect direct spending and receipts, pay-as-
you-go procedures would apply to the bill; however, CBO
estimates that any impact on direct spending and receipts would
not be significant.
S. 166 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no direct costs on State, local, or tribal
governments.
Because H.R. 4477 would establish new Federal crimes, the
Government would be able to pursue cases that it otherwise
would not be able to prosecute. CBO estimates that any increase
in costs for law enforcement, court proceedings, or prison
operations would not be significant because of the small number
of additional cases likely to be affected. Any such costs would
be subject to the availability of appropriated funds.
Because those prosecuted and convicted under H.R. 4477
could be subject to criminal fines, the Federal Government
might collect additional fines if the legislation is enacted.
Collections of such fines are recorded in the budget as
governmental receipts (revenues), which are deposited in the
Crime Victims Fund and later spent. CBO expects that any
additional receipts and direct spending would be negligible
because of the small number of cases affected.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Peter H. Fontaine, Deputy Assistant Director for Budget
Analysis.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8 of the Constitution.
Section-by-Section Analysis and Discussion
SECTION 1. SHORT TITLE
The short title of the bill is the ``Sex Tourism
Prohibition Improvement Act of 2002.''
SECTION 2. SECTION 2423 AMENDMENTS
Section 2 of the bill amends 18 U.S.C. Sec. 2423 to make it
a crime for a U.S. citizen to travel to another country and
engage in illicit sexual conduct with minors. Current law
requires the Government to prove that the defendant traveled
with the intent to engage in the illegal activity. Under this
provision the Government would only have to prove that the
defendant engaged in illicit sexual conduct with a minor while
they were in a foreign country.
The legislation also amends current law to make it a crime
for foreigners to travel into the U.S. for the purpose of
engaging in illicit sexual relations with minors. Currently, if
a foreigner travels into the United States for that purpose but
does not travel interstate, there is a question as to whether
or not his conduct is covered by the existing statute.
This section also criminalizes the actions of sex tour
operators by prohibiting persons from arranging, inducing,
procuring, or facilitating 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.
``Illicit sexual conduct'' is defined as (1) a sexual act (as
defined in 18 U.S.C. Sec. 2246) with a person that would be in
violation of chapter 109A of title 18 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 18 U.S.C. Sec. 1591) with a person who the individual
engaging in the commercial sex act, knows or should have known
has not attained the age of 18 years. Any violation of these
provisions will subject a person to a sentence of a fine,
imprisonment of up to 15 years, or both.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 2423 OF TITLE 18, UNITED STATES CODE
Sec. 2423. Transportation of minors
(a) Transportation With Intent To Engage in Criminal Sexual
Activity.--A person who knowingly transports an individual who
has not attained the age of 18 years in interstate or foreign
commerce, or in any commonwealth, territory or possession of
the United States, with intent that the individual engage in
prostitution, or in any sexual activity for which any person
can be charged with a criminal offense, [or attempts to do so,]
shall be fined under this title, imprisoned not more than 15
years, or both.
[(b) Travel With Intent To Engage in Sexual Act With a
Juvenile.--A person who travels in interstate commerce, or
conspires to do so, or a United States citizen or an alien
admitted for permanent residence in the United States who
travels in foreign commerce, or conspires to do so, for the
purpose of engaging in any sexual act (as defined in section
2246) with a person under 18 years of age that would be in
violation of chapter 109A if the sexual act occurred in the
special maritime and territorial jurisdiction of the United
States shall be fined under this title, imprisoned not more
than 15 years, or both.]
(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 the individual engaging in the commercial sex act, knows or
should have known has not attained the age of 18 years.
Markup Transcript
BUSINESS MEETING
TUESDAY, JUNE 18, 2002
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:06 a.m., in
Room 2141, Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
Chairman Sensenbrenner. The Committee will be in order.
[Intervening business.]
The next item on the agenda is H.R. 4477, the ``Sex Tourism
Prohibition Improvement Act of 2002.''
The Chair recognizes the gentleman from Texas, Mr. Smith,
the Chairman of the Subcommittee on Crime, Terrorism, and
Homeland Security.
Mr. Smith. Mr. Chairman, the Subcommittee on Crime,
Terrorism, and Homeland Security reports favorably the bill
H.R. 4477 and moves its favorable recommendation to the full
House.
Chairman Sensenbrenner. Without objection, H.R. 4477 will
be considered as read and open for amendment at any point.
[The bill, H.R. 4477, follows:]
Chairman Sensenbrenner. And the Chair recognizes himself
for purposes of making a statement.
This bill is legislation I introduced along with
Representatives Hyde and Smith to address a number of problems
relating to persons who travel to foreign countries and then
engage in illicit sexual relations with minors.
According to the National Center for Missing and Exploited
Children, child sex tourism contributes to the sexual
exploitation of children and is increasing. There are more than
100 Web sites devoted to promoting teenage commercial sex in
Asia alone. Because poorer countries are often under economic
pressure to develop tourism, these governments also often turn
a blind eye toward this devastating problem because of the
income it produces. Children around the world have become
trapped and exploited by the sex tourism industry.
Current law requires the Government to prove that the
defendant traveled to a foreign country with the intent to
engage in sex with a minor. H.R. 4477 eliminates the intent
requirement where the defendant completes the travel and
actually engages in the illicit sexual activity with a minor.
This bill also criminalizes the actions of sex tour
operators by prohibiting persons from arranging, inducing,
procuring, or facilitating the travel of a person knowing that
such person is traveling in interstate or foreign commerce for
the purpose of engaging in illicit sexual conduct with a minor.
This legislation will close significant loopholes in the
law that persons who travel to foreign countries seeking sex
with children are currently using to their advantage in order
to avoid prosecution.
I urge my colleagues to support the legislation and yield
the balance of my time to the gentleman from Texas, Mr. Smith,
for his comments.
Well, if the gentleman from Texas, Mr. Smith, has no
comments, there are now how many votes on the floor? There are
three votes on the floor. The Committee is recessed until 10
o'clock tomorrow morning.
[Whereupon, at 2:16 p.m., the Committee was adjourned.]
* * * * *
The Committee met, pursuant to notice, at 10:29 a.m., in
Room 2141, Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
Chairman Sensenbrenner. The Committee will be in order. A
working quorum is present.
When the Committee recessed yesterday, pending was H.R.
4477, the ``Sex Tourism Prohibition Improvement Act of 2002,''
upon which a motion to report favorably had been made. By
previous order of the Committee, the bill had been considered
as read and open for amendment at any point.
For what purpose does the gentleman from Texas seek
recognition?
Mr. Smith. Mr. Chairman, I have an amendment at the desk.
Chairman Sensenbrenner. The clerk will report the
amendment.
The Clerk. Amendment to H.R. 4477, offered by Mr. Smith.
Chairman Sensenbrenner. Without objection, the amendment is
considered as read.
[The amendment follows:]
Chairman Sensenbrenner. The gentleman from Texas is
recognized for 5 minutes.
Mr. Smith. Thank you, Mr. Chairman.
Mr. Chairman, this amendment would address an issue that
was raised at the Subcommittee and amend section 2(a) of the
bill relating to the definition of illicit sexual conduct. The
amendment also contains a technical change to section 2(b).
Under the current language of the bill, the definition of
illicit sexual conduct includes ``any commercial sex act with a
person who has not attained the age of 18 years.''
This definition would preclude a defendant from offering
any evidence that he or she had no knowledge that the person
was under the age of 18 and would create a strict liability
crime. This amendment would insert language that would require
the prosecution to prove beyond a reasonable doubt that the
individual engaging in the commercial sex act knows or should
have known that the person had not attained the age of 18.
This amendment is supported by the Department of Justice,
and I urge my colleagues to support it as well. Mr. Chairman,
I'd like to yield the balance of my time to the gentleman from
Arizona, Mr. Flake.
Mr. Flake. I thank the gentleman for yielding. I thank the
Chairman for bringing this bill forward.
In Arizona a few weeks ago, the ABC affiliate, channel 15,
sent a group of reporters to Mexico, to the city of Puerto
Vallarta. They had a child there pose as an underage child,
telling people that he was 14 years old and went to the beach,
on the beachfront, just to see how big a problem this is.
This young boy was propositioned dozens of times within a
couple of hours. And he openly told them that he was only 14.
American men prowl the beaches there and proposition kids as
young as 8 years old for sex and pornography.
It is a problem, and we need to deal with it. And this bill
goes a long way toward closing the loophole of proving intent.
And so these individuals not only to worry about their
conscience, but they have to worry now about the Federal
Government coming after them.
This is conduct that we cannot countenance, and I
appreciate the Chairman bringing this bill forward, and I
support it all the way.
And I yield back.
Mr. Smith. Mr. Chairman, I yield back the balance of my
time as well.
Chairman Sensenbrenner. The gentleman from Virginia, Mr.
Scott.
Mr. Scott. Mr. Chairman, move to strike the last word.
Chairman Sensenbrenner. The gentleman is recognized for 5
minutes.
Mr. Scott. Mr. Chairman, I support the amendment. And I
think when we left last time, the Chairman and the Chairman of
the Subcommittee had opening statements, and I didn't have an
opportunity to make an opening statement, so I think I would--
--
Chairman Sensenbrenner. Go ahead.
Mr. Scott. Thank you.
Mr. Chairman, I'm pleased to join you in convening this
markup of H.R. 4477, the ``Sex Tourism Prohibition Improvement
Act of 2002.'' The act expands a provision in law that is
already overly broad, in my opinion, in that it includes two
teenagers, one or both of whom to travels from D.C. to
Virginia, or vice versa, to engage in sex or heavy petting.
They don't actually have to do under the bill; they have to
travel with intent.
Current law also covers travel and foreign commerce by U.S.
citizen or permanent resident alien for the purpose of engaging
in such acts. Given the cultural differences around the world
regarding age of maturity and sexual mores, we already paint
with a broad brush in this area by making illegal that which
may also be fairly normal in certain areas.
This bill expands the travel-with-intent provision to now
apply to consensual acts under chapter 109A that involve
attempts to travel with intent to commit an illegal sexual act.
Now, one question raised by the bill is, when is the
attempt to travel completed? Have you made an attempt when you
call your travel agent? When you buy a ticket? When you call a
cab? When you get in the cab? Or start to drive to the airport?
What happens if you change your mind? Have you completed the
attempt?
I think the bill is overly broad, and I'll offer an
amendment aimed at narrowing it to avoid covering teenagers.
The law is already overly broad in this area, and we shouldn't
broaden it further to include teenagers who agree across State
lines to engage in heavy petting under the law.
I yield back.
Chairman Sensenbrenner. The gentlewoman from California?
Ms. Lofgren. I'd move to strike the last word.
Chairman Sensenbrenner. The gentlewoman is recognized for 5
minutes.
Ms. Lofgren. I am mindful of the issue raised by my
colleague Mr. Scott, but I really do believe that the measure--
and I will certainly look at his amendment--is crafted in a way
that the object of the prosecution will be these rings that
have sprung up around the country and certainly in California,
where there are businesses whose sole purpose is to provide and
accommodate pedophiles who are traveling. And in California, it
seems to be mainly the travel is to Asia, where the children
are preyed upon for money.
And it is not a small issue. It is a very large issue, and
it is well-known. Certainly in California, there have been a
number of prosecutions recently in California that have been
made very difficult. But I have even had Members of the House
who have been on foreign travel tell me that they have observed
American men preying on small children in some of the Asian
countries that Members have visited on codels. And this has
raised concern among some of our colleagues.
So I think it is very important that we pass a bill that
attempts to shut this industry down, and I think that we ought
to show a great deal of concern for the innocent victims, these
children, not just American children but children throughout
the world who are being preyed upon by American pedophiles.
So having said that, I will certainly look at any amendment
that refines the bill. But I just wanted to thank the Chairman
of the Committee for bringing this forward, because I think it
is a serious issue that deserves our serious attention.
And I yield back the balance of my time.
Chairman Sensenbrenner. The question is on the technical
amendment offered by the gentleman from Texas, Mr. Smith.
Those in favor will say aye.
Opposed, no.
The ayes appear to have it. The ayes have it, and the
amendment is agreed to.
Are there further amendments?
The gentleman from Virginia, Mr. Scott.
Mr. Scott. I have an amendment at the desk, Mr. Chairman.
Chairman Sensenbrenner. The clerk will report the
amendment.
The Clerk. Amendment to H.R. 4477, offered by Mr. Scott. On
page 3, line 7, after the second period, insert ``with respect
to section 2243(a) of chapter 109A, this act only applies if
the offending adult is age 21 or older.''
[The amendment follows:]
Chairman Sensenbrenner. The gentleman is recognized for 5
minutes.
Mr. Scott. Thank you, Mr. Chairman.
This amendment would require that violations under 2243(a)
involve an adult of at least 21 years of age to avoid the
prospect of prosecuting the older of two teenage lovers if they
even talk about or attempt to travel across State lines or
foreign boundaries with the intent to engage in consensual
sexual activity, including what is referred to as heavy
petting, because the provision covers touching through the
definition of sexual act.
It is already a Federal felony with up to 15 years
imprisonment for a 15-year-old high school student to do these
kinds of things with a 19-year-old boyfriend or girlfriend. Now
we're going after them internationally. We don't need to do
that in order to get at what we're talking about in the bill.
We're covering commercial sex transactions. There's no need for
us to go after consensual activities between teenagers that
have nothing to do with the title and direction of the bill.
I'd also point out, Mr. Chairman, that this involves
conspiracy, so if they've talked about it and agree to do it,
and ancillary offenses--whoever arranges, induces, procures, or
facilitates the travel. I guess if the taxicab driver finds out
that the people talking in the backseat are going to do these
kinds of things, that the taxicab driver could get implicated.
I would hope that we would limit this and not make this the
Hormone Protection Act or something, where we're going after
teenagers, and make it apply only actual adults who are
engaging in these activities.
I yield back.
Chairman Sensenbrenner. I recognize myself in opposition to
the amendment.
This amendment actually goes backward under the current
law. The current law, which is 18 U.S.C., section 2243(a),
provides that whoever knowingly engages in a sexual act with
another person who is 12 to 15 years old and is at least 4
years older than the victim shall be fined or imprisoned not
more than 15 years or both.
What the Scott amendment does is that it amends this
section of the statute to say that if you're under 21, you
can't be prosecuted, period. So that means a 20-year-old that
engages in a sexual act with a 12-year-old gets off the hook.
Now, I think that's exploitative. You know, that's not the
way hormones work. And I've got two teenage boys getting out of
the nest, and they tell me that isn't the way it works either.
None of their contemporaries are interested in people who are
12 years old.
So I think the purpose of this bill is to try to get at
people who cross an international boundary to do this. And to
say that, if we defeat this bill, you can cross an
international boundary and be able to do what you can't do if
you cross a State line I think is ridiculous.
So I think we ought to defeat the amendment. We ought to
keep 2243(a) the way it is.
And I yield back the balance of my time.
The question is on the amendment offered by the gentleman
from Virginia, Mr. Scott.
Those in favor will say aye.
Opposed, no.
The noes appear to have it. The noes have it.
Are there further amendments?
If not, the--a reporting quorum is not present.
Without objection, the previous question is ordered, and
further proceedings will be postponed.
[Intervening business.]
The unfinished business is the motion to report favorably
the bill H.R. 4477, upon which the previous question had been
ordered. H.R. 4477 is the ``Sex Tourism Prohibition Improvement
Act of 2002.'' The Chair notes the presence of a reporting
quorum.
Those in favor of reporting the bill favorably will say
aye.
Opposed, no.
The ayes appear to have it. The ayes have it, and the
motion to report the bill favorably is agreed to.
Without objection, the bill will be reported favorably to
the House in the form of a single amendment in the nature of a
substitute, incorporating the amendments adopted here today.
Without objection, the Chairman is authorized to move to go to
conference pursuant to House rules. Without objection, the
staff is directed to make any technical and conforming changes.
And all Members will be given 2 days, as provided by House
rules, in which to submit additional, dissenting, supplemental,
or minority views.
Dissenting Views
I/We dissent from the portion of this bill that would make
it a felony, with up to 15 years in prison, for the older of
two teenage high school lovers to attempt, or even talk about,
traveling across state or foreign boundaries to engage in
consensual sexual activity, including what is referred to as
heavy petting, since the provision covers even touching through
the definition of ``sexual act.'' It is already a serious
felony with up to 15 years in prison for such teenagers to
engage in these consensual activities in the U.S., and now we
would make it just as serious a felony to even attempt to
travel from Virginia to D.C. with intent to engage in
consensual sexual activity, or to even to talk about it.
Certainly there are individuals and situations covered by the
bill with which we can all agree, such as sexual predators who
prey upon children, but we do not have to put wayward teenagers
in this group as this bill does. During Committee markup of the
bill, an amendment was offered by Rep. Scott to eliminate
consensual sexual activities by teens, but it was rejected.
Since the bill covers foreign travel by U.S. citizens and
resident aliens traveling from the U.S., we are dictating to
the world our notions of serious felony crimes, regardless of
the cultural norms of other countries. Just as the average age
of marriage in this country was 15 for a female and 21 for a
male until about 50 years ago, other countries have much
younger averages now than does the US and provide for
consensual relationships to begin between young people much
earlier.
Since the bill covers commercial sex transactions,
regardless of age or consent of the participants, and since
States as well as all civilized foreign countries have laws
against the underlying activities the bill is aimed, there is
no demonstrated need to add more Federal criminal laws to go
after consensual activities which have nothing to do with the
title and focus of the bill.
Jerrold Nadler.
Robert C. Scott.
Melvin L. Watt.