[House Report 107-723]
[From the U.S. Government Publishing Office]
107th Congress Rept. 107-723
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
CHILD ABDUCTION PREVENTION ACT
_______
October 7, 2002.--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. 5422]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 5422) to prevent child abduction, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 8
Background and Need for the Legislation.......................... 8
Hearings......................................................... 9
Committee Consideration.......................................... 9
Vote of the Committee............................................ 9
Committee Oversight Findings..................................... 9
Performance Goals and Objectives................................. 10
New Budget Authority and Tax Expenditures........................ 10
Congressional Budget Office Cost Estimate........................ 10
Constitutional Authority Statement............................... 14
Section-by-Section Analysis and Discussion....................... 14
Changes in Existing Law Made by the Bill, as Reported............ 19
Markup Transcript................................................ 31
Dissenting Views................................................. 89
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 ``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''.
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) Military Cases.--Section 843 of title 10, United States Code
(Article 43 of the Uniform Code of Military Justice) is amended--
(1) in subsection (a), by inserting ``with any offense
involving kidnapping or abduction of a person below the age of
18, with any offense involving sexual abuse that is punishable
by confinement for more than one year,'' before ``or with'';
and
(2) in subsection (c)--
(A) by inserting ``(1)'' before ``Periods''; and
(B) by adding at the end the following:
``(2) No period of limitation that would otherwise preclude
prosecution for an offense involving the sexual or physical abuse of a
person under the age of 18 years shall preclude such prosecution before
the person reaches the age of 25 years.''.
(c) 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;
(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.''.
Purpose and Summary
On average, 2,200 children are reported missing each day of
the year. There are approximately 114,600 attempted stranger
abductions every year and 3,000-5,000 attempts are successful.
These facts and recent high profile abductions have
significantly increased the fear of parents across the Country
that their children are in danger. H.R. 5422, the ``Child
Abduction Prevention Act'' sends a clear message to any
potential child abductor that, should they commit these crimes,
they will not escape justice. This legislation provides
stronger penalties against kidnapping, ensures lifetime
supervision of sexual offenders and kidnappers of children,
gives law enforcement the tools it needs to effectively
prosecute these crimes, and provides assistance to the
community when a child is abducted.
Background and Need for the Legislation
According to the United States Department of Justice's
(DOJ) Office of Juvenile Justice Deliquency Prevention (OJJDP),
the number of missing persons reported to law enforcement has
increased from 154,341 in 1982 to 876,213 in 2000, an increase
of 468 percent. Out of those cases, there are about 3,000 to
5,000 non-family abductions reported to police each year, most
of which are short term sexually-motivated cases. About 200 to
300 of these cases, or about 6 percent, make up the most
serious cases where the child was murdered, ransomed or taken
with the intent to keep. According to Federal Government
statistics, three out of four children who are kidnapped and
murdered are killed within 3 hours of their initial abduction.
Research has shown that the average victim of abduction and
murder is an approximately 11 year old girl from a stable
family who has initial contact with the abductor within a
quarter mile of her home.
The recent wave of high profile child abductions that has
swept our Nation has illustrated the tremendous need for
legislation in this area. Although some researchers indicate
that the worst cases of child abduction might actually be on
the decline, the National Center for Missing and Exploited
Children (NCMEC) has stated that, based on feedback from law
enforcement around the country and cases submitted to NCMEC,
the sexual victimization of children is on the rise. Another
concern is that research also indicates that subjects who
abduct children typically are not first-time offenders, but are
serial offenders who often travel during the commission of
multiple sexual offenses against children.
An abducted child is a parent's worst nightmare. We must
assure that law enforcement has every possible tool necessary
to return that child safely to his or her parents. Authorities
believe that promptly alerting the general public when a child
is abducted by a stranger is crucial to saving their life. To
accomplish this, H.R. 5422 authorizes funding for a national
AMBER Alert program to help 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 the cracks of the system to harm
other children. To this end, this legislation provides a 20
year mandatory minimum sentence of imprisonment for stranger
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.
The National Center for Missing and Exploited Children is
the Nation's resource center for child protection. The Center
provides assistance to parents, children, law enforcement,
schools, and the community in recovering missing children and
raising public awareness about ways to help prevent child
abduction, molestation and sexual exploitation. To date, NCMEC
has worked on more than 73,000 cases of missing and exploited
children and helped recover more than 48,000 children. This
legislation recognizes the important role NCMEC plays in our
Nation's efforts to prevent child abductions by doubling its
authorization to $20 million through 2004.
Hearings
On October 1, 2002, the Subcommittee on Crime, Terrorism,
and Homeland Security held a legislative hearing on H.R. 5422.
Testimony was received from two witnesses. The witnesses were:
Daniel P. Collins, Associate Deputy Attorney General, U.S.
Department of Justice; and Ernest E. Allen, President and Chief
Executive Officer, National Center for Missing and Exploited
Children.
Committee Consideration
On October 1, 2002, the Subcommittee on Crime, Terrorism,
and Homeland Security met in open session and ordered favorably
reported the bill H.R. 5422, by a voice vote, a quorum being
present. On October 2, 2002, the Committee met in open session
and ordered favorably reported the bill H.R. 5422 by a voice
vote, a quorum being present.
Vote of the Committee
There were no recorded votes on H.R. 5422.
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. 5422 is intended to prevent future crime by extending
the length of supervised-release terms for offenders and by
establishing a rebuttable presumption in favor of pretrial
detention; enhance law enforcement tools for identifying and
apprehending offenders, by including child exploitation
offenses as wiretap predicates and by eliminating the statute
of limitations for certain offenses; increase penalties to more
accurately reflect the extreme seriousness of child kidnapping
and sex offenses, especially repeat offenses; punish offenders
who travel abroad to prey on children; support a coordinated
approach to the recovery of abducted children; and provide the
States with additional tools and assistance to pursue these
common goals.
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. 5422, 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, October 7, 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. 5422, the Child
Abduction Prevention Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Mark
Grabowicz (for Federal costs), who can be reached at 226-2860,
and Angela Seitz (for the State and local impact), who can be
reached at 225-3220.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 5422--Child Abduction Prevention Act.
SUMMARY
H.R. 5422 would establish new Federal crimes relating to
sexual abuse, increase fines and prison sentences for such
crimes, and make it easier to investigate sex offenders. The
bill also would direct the Attorney General to act as the
national coordinator for the AMBER (America's Missing:
Broadcast Emergency Response) Alert communications network,
which is used by State and local law enforcement agencies to
search for abducted children. In addition, H.R. 5422 would
authorize the appropriation of:
L$20 million in fiscal year 2003 for the
Department of Transportation (DOT) to make grants to
States for disseminating information about missing
children along highways;
L$5 million in fiscal year 2003 for the
Department of Justice (DOJ) to make grants to States to
develop or improve AMBER Alert communications plans;
and
L$20 million in each of fiscal years 2003 and
2004 for DOJ to make a grant to the National Center for
Missing and Exploited Children.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing
H.R. 5422 would cost $64 million over the 2003-2007 period.
This legislation could affect direct spending and revenues, but
we estimate that any such effects would not be significant.
H.R. 5422 would expand an existing mandate as defined in
the Unfunded Mandates Reform Act (UMRA), by widening
requirements for State and local law enforcement agencies to
report cases of missing children up to the age of 21. CBO
estimates the costs of this mandate would not be significant
and, thus, would not meet the threshold established in that act
($58 million in 2002, adjusted annually for inflation).
H.R. 5422 contains no new private-sector mandates as
defined in UMRA.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 5422 is shown in the
following table. The costs of this legislation fall within
budget functions 400 (transportation) and 750 (administration
of justice).
BASIS OF ESTIMATE
For this estimate, CBO assumes that the amounts authorized
for grant programs will be appropriated near the beginning of
each fiscal year and that outlays will follow the historical
spending rates for these or similar activities.
H.R. 5422 would increase prison sentences for kidnapping
and for a number of sex offenses. According to the U.S.
Sentencing Commission, the longer sentences required by H.R.
5422 would apply to about 500 offenders annually by 2007. Based
on information from the Bureau of Prisons, CBO estimates that
the cost to incarcerate a prisoner for an additional year is
about $7,000 (at 2003 prices). Thus, we estimate that the cost
to support the additional prisoners would reach $4 million by
fiscal year 2007 and would total $9 million over the 2003-2007
period, subject to the availability of appropriated funds.
Based on information from DOJ, CBO estimates that it would
cost less than $500,000 annually for the department to
coordinate the AMBER Alert program, subject to the availability
of appropriated funds.
Enacting H.R. 5422 could increase revenues through greater
collections of criminal fines. However, CBO does not expect any
such increase to exceed $500,000 a year. Criminal fines are
recorded as revenues and deposited in the Crime Victims Fund,
and later spent without further appropriation action.
ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS
H.R. 5422 would expand an existing mandate as defined in
UMRA by widening requirements for State and local law
enforcement agencies to report cases of missing children up to
the age of 21. CBO estimates the additional costs of the
expansion would not be significant and, thus, would not meet
the threshold established in that act ($58 million in 2002,
adjusted annually for inflation).
The bill would benefit State governments by establishing
grant programs to assist with efforts to notify the public
about child abductions using the AMBER Alert communications
network. In addition, H.R. 5422 would expand the approved uses
for grants under the Community Oriented Policing Services
(COPS) program to include assisting States in enforcing
registry of sex offenders. Any costs incurred to receive or
administer such grants would be voluntary. The bill also would
benefit State and local government law enforcement agencies by
authorizing the U.S. Secret Service to provide them with
additional assistance in forensic and investigative training
with investigations of missing or exploited children.
ESTIMATED IMPACT ON THE PRIVATE SECTOR
H.R. 5422 contains no new private-sector mandates as
defined in UMRA.
PREVIOUS CBO ESTIMATES
H.R. 5422 contains the provisions of four bills for which
CBO has previously prepared cost estimates. These bills are:
(1) LH.R. 4679, the Lifetime Consequences for Sex
Offenders Act of 2002, as ordered reported by the House
Committee on the Judiciary on June 19, 2002;
(2) LH.R. 4477, the Sex Tourism Prohibition Improvement
Act of 2002, as ordered reported by the House Committee
on the Judiciary on June 19, 2002;
(3) LH.R. 2146, the Two Strikes and You're Out Child
Protection Act, as ordered reported by the House
Committee on the Judiciary on March 6, 2002; and
(4) LH.R. 1877, the Child Sex Crimes Wiretapping Act of
2001, as ordered reported by the House Committee on the
Judiciary on April 24, 2002.
The costs estimated for these provisions in H.R. 5422 are
the same as those estimated previously for the separate bills.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Angela Seitz
(225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)
ESTIMATE 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 this Act may be cited as the ``Child
Abduction Prevention Act.''
TITLE I--SANCTIONS AND OFFENSES
Sec. 101. Supervised release term for sex offenders.
This section amends section 3583 of title 18, United States
Code, to provide a judge with the discretion to extend the term
of post-release supervision of sex offenders up to a maximum of
life. Currently, most such offenses have a maximum of three to
5 years of supervision. This section is identical to H.R. 4679,
the ``Lifetime Consequences for Sex Offenders Act of 2002,''
which passed the House 409-3 on June 25, 2002.
Sec. 102. First degree murder for child abuse and child torture
murders.
This section amends 18 U.S.C. Sec. 1111 to insert ``child
abuse'' and ``the pattern or practice of assault or torture
against a child or children'' that results in murder as a
predicate for first degree murder. Section 1111 is the Federal
murder statute. Under the current law, first degree murder
includes murder committed in the perpetration of, or attempt to
perpetrate, certain crimes including arson, escape, kidnapping,
sexual abuse, and several other crimes. ``Child abuse'' and
torture would be added to the list for first degree murder.
First degree murder is punishable by death or life
imprisonment. These changes will help to ensure that child
abusers who kill their victims will receive penalties that
reflect the heinousness of their crimes.
Sec. 103. Sexual abuse penalties.
This section increases the maximum and minimum penalties of
section 1591 and chapters 110 and 117 of title 18, United
States Code, relating to the sexual exploitation of children
and the sex trafficking of children.
Statutory maximum penalties provide only an upper limit on
punishment, and accordingly should be coordinated to the type
of penalty which would be appropriate for the most aggravated
forms of the offenses in question, as committed by offenders
with the most serious criminal histories. Where the statutory
maximum penalty is too low, it may be impossible to impose a
proportionate penalty in cases involving highly aggravated
offense conduct. Likewise, in cases involving incorrigible
offenders, low statutory maximum penalties may force the court
to impose a sentence that is less than what is warranted in
light of the offender's criminal history.
The increased mandatory minimum sentences are responsive to
real problems of excessive leniency in sentencing under
existing law. For example, the offenses under chapter 117 of
the criminal code apply in sexual abuse cases involving
interstate movement of persons or use of interstate
instrumentalities, such as luring of child victims through the
Internet. Courts all too frequently impose sentences more
lenient than those prescribed by the sentencing guidelines in
cases under chapter 117, particularly in situations where an
undercover agent rather than a child was the object of the
enticement. Yet the offender's conduct in such a case reflects
a real attempt to engage in sexual abuse of a child, and the
fact that the target of the effort turned out to be an
undercover officer has no bearing on the culpability of the
offender, or on the danger he presents to children if not
adequately restrained and deterred by criminal punishment.
Likewise, courts have been disposed to grant downward
departures from the guidelines for child pornography possession
offenses under chapter 110, based on the misconception that
these crimes are not serious.
Sec. 104. Stronger penalties against kidnapping.
This section directs the Sentencing Commission to increase
the base offense level for kidnapping from level 24 (51-63
months) to a base offense level of 32 (121-151 months). (Amends
Sec. 2A4.1(a) of the Sentencing Guidelines). It further deletes
the provision of the Guidelines that rewards kidnappers for
releasing the victim within 24 hours by reducing the base
offense level by one point. (Deletes Sec. 2A4.1(4)(C) of the
Sentencing Guidelines). Under the current Guidelines, if a
defendant sexually exploits the kidnapping victim, then the
defendant's base offense level is increased by 3 levels. This
is amended to a 6 level increase. (Amends Sec. 2A4.1(5) of the
Sentencing Guidelines.)
This section also amends 18 U.S.C. Sec. 1201 to provide for
a mandatory minimum sentence of 20 years if the victim of the
non-family kidnapping is under the age of 18.
Sec. 105. Penalties against sex tourism.
This section 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 with the intent
to engage in the illegal activity. Under this section the
government would only have to prove that the defendant engaged
in illicit sexual conduct with a minor while in a foreign
country. 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 or foreign commerce
for the purpose of engaging in illicit sexual conduct. This
section is similar to H.R. 4477, the ``Sex Tourism Prohibition
Improvement Act of 2002,'' which passed the House 418-8 on June
26, 2002.
Sec. 106. Two strikes you're out.
This section would establish a mandatory sentence of life
imprisonment for twice-convicted child sex offenders. This
section amends 18 U.S.C. Sec. 3559 of the Federal criminal code
to provide for a mandatory minimum sentence of life
imprisonment for any person convicted of a ``Federal sex
offense'' if they had previously been convicted of a similar
offense under either Federal or State law. The legislation
defines Federal sex offense to include offenses committed
against a person under the age of 17 and involving the crimes
of sexual abuse, aggravated sexual abuse, sexual abuse of a
minor, abusive sexual contact, and the interstate
transportation of minors for sexual purposes. This section is
similar to H.R. 2146, the ``Two Strikes and You're Out Child
Protection Act,'' which passed the House 382-34 on March 14,
2002.
TITLE II--EFFECTIVE INVESTIGATION AND PROSECUTION.
Subtitle A--Law enforcement tools to protect children.
Sec. 201. Law enforcement tools to protect children.
This section would add four new wiretap predicates under
section 2516 of title 18, United States Code that relate to
sexual exploitation crimes against children. This legislation
in no way changes the strict limitations on how and when
wiretaps may be used. This section also adds chapter 55 of
title 18, United States Code, kidnapping, to the list of
wiretap predicates. This section is similar to H.R. 1877, the
``Child Sex Crimes Wiretapping Act of 2002,'' which passed the
House 396-11 on May 21 2002.
Sec. 202. No statute of limitations for child abduction and sex crimes.
This section provides that child abductions and felony sex
offenses can be prosecuted without limitation of time. Under
current law, the limitation period applicable to most Federal
crimes is 5 years. See 18 U.S.C. Sec. 3282. There are some
exceptions to this limitation--see, e.g., 18 U.S.C. Sec. 3281
(no limitation period for capital crimes); 18 U.S.C. Sec. 3293
(ten-year limitation period for certain financial institution
offenses); 18 U.S.C. Sec. 3294 (twenty-year limitation period
for certain thefts of artwork). Existing law also modifies the
current limitation rules for certain cases involving child
victims by providing that the limitation period does not bar
prosecution ``for an offense involving the sexual or physical
abuse of a child under the age of eighteen years . . . before
the child reaches the age of 25 years.'' 18 U.S.C. Sec. 3283.
While this is better than a flat 5-year rule, it remains
inadequate in many cases. For example, a person who abducted
and raped a child could not be prosecuted beyond this extended
limit--even if DNA matching conclusively identified him as the
perpetrator 1 day after the victim turned 25. Nor is this
provision applicable in any case that does not involve child
victims, such as that of a serial rapist of adult victims who
is identified a number of years after the commission of the
crimes through DNA matching.
Subtitle B--No pretrial release for those who rape or kidnap children
Sec. 221.No pretrial release for those who rape or kidnap children.
This section provides a rebuttalble presumption that child
rapists and kidnappers should not get pre-trial release. Under
current law, a defendant may be detained before trial if the
government establishes by clear and convincing evidence that no
release conditions will reasonably assure the appearance of the
person and the safety of others. Current law also provides
rebuttable presumptions that the standard for pretrial
detention is satisfied in certain circumstances. For example,
such a presumption exists if the court finds probable cause to
believe that the defendant committed a drug offense punishable
by imprisonment for 10 years or more, or that the person
committed a crime of violence or drug trafficking crime while
armed with a firearm, in violation of 18 U.S.C. Sec. 924(c).
See 18 U.S.C. Sec. 3142(e). Thus, existing law creates a
presumption that, for example, an armed robber charged under 18
U.S.C. Sec. 924(c) cannot safely be released before trial. This
section will provide the same presumption for crimes such as
child abduction and child rape.
Subtitle C--No waiting period to report missing children ``Suzanne's
Law.''
Sec. 241. Amendment.
This section amends section 3701(a) of the Crime Control
Act of 1990 (42 U.S.C. 5779(a)) to require law enforcement
agencies to report missing children less than 21 years of age
to the National Crime Information Center. Current law only
requires reporting for children under the age of 18.
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.
This section requires that 1 year after enactment of this
Act, the Attorney General shall submit to Congress a report
detailing the number to times since January 1993 that the
Department of Justice has inspected the records of any producer
of materials regulated pursuant to 18 U.S.C. Sec. 2257 (records
to prove pornographic actors are above the age of 18) and 28
C.F.R. Sec. 75. The Attorney General shall indicate the number
of violations prosecuted as a result of those inspections.
TITLE II--PUBLIC OUTREACH
Sec. 301. National coordination of AMBER Alert communications network.
This section establishes an AMBER Alert Coordinator within
the Department of Justice to assist States with their AMBER
Alert plans. This coordinator will eliminate gaps in the
network, including gaps in interstate travel, work with States
to encourage development of additional AMBER plans, work with
States to ensure regional coordination among plans, and serve
as a nationwide point of contact.
The AMBER program is a voluntary partnership between law-
enforcement agencies and broadcasters to activate an urgent
alert bulletin in serious child-abduction cases. The goal of
the AMBER Alert is to instantly galvanize the entire community
to assist in the search for and safe return of the child.
Sec. 302. Minimum standards for issuance and dissemination of alerts
through AMBER Alert communications network.
This section requires the Department of Justice Coordinator
to establish nationwide minimum standards for the issuance of
an AMBER alert and the extent of dissemination of the alert.
The legislation allows for voluntary adoption of these
standards. The Committee intends that the establishment of
minimum standards will limit the use of the system to those
rare instances of serious child abductions. Limiting the use of
AMBER Alerts is critical to the long-term success of the
program because overuse or misuse of AMBER Alerts could lead to
public fatigue or numbness to the alerts.
Sec. 303. Grant program for notification and communications systems
along highways for recovery of abducted children.
This section authorizes $20,000,000 for fiscal year 2003
for the Secretary of Transportation to make 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.
Sec. 304. Grant program for support of AMBER Alert communications
plans.
This section authorizes $5,000,000 for fiscal year 2003 for
the Attorney General to administer a grant program for the
development and enhancement of programs and activities for the
support of AMBER Alert communication plans.
Sec. 305. Increased support.
This section reauthorizes and doubles the annual grant to
the National Center for Missing and Exploited Children from
$10,000,000 to $20,000,000 through fiscal year 2004. (Amends 42
U.S.C. 5773(b)(2)).
Sec. 306. Sex offender apprehension program.
This would authorize COPS funding for Sex Offender
Apprehension Programs in States that have a sex offender
registry and have laws that make it a crime for failure to
notify authorities of any change in address information, etc.
The money could be used by local law enforcement agencies to
fund officers who would check up on sex offenders and arrest
them for noncompliance. Keeping up to date records will help
law enforcement in future investigations of missing children.
TITLE IV--MISCELLANEOUS
Sec. 401. Forensic and investigative support of missing and exploited
children.
This section amends section 3056 of title 18, United Sates
Code, to allow the U.S. Secret Service to provide forensic and
investigative support to the National Center for Missing and
Exploited Children to assist in efforts to find missing
children.
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):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 51--HOMICIDE
* * * * * * *
Sec. 1111. Murder
(a) Murder is the unlawful killing of a human being with
malice aforethought. Every murder perpetrated by poison, lying
in wait, or any other kind of willful, deliberate, malicious,
and premeditated killing; or committed in the perpetration of,
or attempt to perpetrate, any arson, escape, murder,
kidnapping, treason, espionage, sabotage, aggravated sexual
abuse or sexual abuse, child abuse, burglary, or robbery; or
perpetrated as part of a pattern or practice of assault or
torture against a child or children; or perpetrated from a
premeditated design unlawfully and maliciously to effect the
death of any human being other than him who is killed, is
murder in the first degree.
Any other murder is murder in the second degree.
* * * * * * *
(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).
* * * * * * *
CHAPTER 55--KIDNAPPING
* * * * * * *
Sec. 1201. Kidnapping
(a) * * *
* * * * * * *
(g) Special Rule for Certain Offenses Involving Children.--
(1) To whom applicable.--If--
(A) * * *
* * * * * * *
the sentence under this section for such offense [shall
be subject to paragraph (2) of this subsection.
[(2) Guidelines.--The United States Sentencing
Commission is directed to amend the existing guidelines
for the offense of ``kidnapping, abduction, or unlawful
restraint,'' by including the following additional
specific offense characteristics: If the victim was
intentionally maltreated (i.e., denied either food or
medical care) to a life-threatening degree, increase by
4 levels; if the victim was sexually exploited (i.e.,
abused, used involuntarily for pornographic purposes)
increase by 3 levels; if the victim was placed in the
care or custody of another person who does not have a
legal right to such care or custody of the child either
in exchange for money or other consideration, increase
by 3 levels; if the defendant allowed the child to be
subjected to any of the conduct specified in this
section by another person, then increase by 2 levels.]
shall include imprisonment for not less than 20 years.
* * * * * * *
CHAPTER 77--PEONAGE AND SLAVERY
* * * * * * *
Sec. 1591. Sex trafficking of children or by force, fraud or coercion
(a) * * *
(b) The punishment for an offense under subsection (a) is--
(1) if the offense was effected by force, fraud, or
coercion or if the person transported had not attained
the age of 14 years at the time of such offense, by a
fine under this title or imprisonment for any term of
years or for life, or both; or
(2) if the offense was not so effected, and the
person transported had attained the age of 14 years but
had not attained the age of 18 years at the time of
such offense, by a fine under this title or
imprisonment for not more than [20] 40 years, or both.
* * * * * * *
CHAPTER 109A--SEXUAL ABUSE
* * * * * * *
Sec. 2247. Repeat offenders
(a) Maximum Term of Imprisonment.--The maximum term of
imprisonment for a violation of this chapter after a prior sex
offense conviction shall be twice the term otherwise provided
by this chapter, unless section 3559(e) applies.
* * * * * * *
CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN
* * * * * * *
Sec. 2251. Sexual exploitation of children
(a) * * *
* * * * * * *
(d) Any individual who violates, or attempts or
conspires to violate, this section shall be fined under this
title [or imprisoned not less than 10] and imprisoned not less
than 15 years nor more than [20] 30 years, [and both,] but if
such person has one prior conviction under this chapter,
chapter 109A, or chapter 117, or under the laws of any State
relating to the sexual exploitation of children, such person
shall be fined under this title and imprisoned for not less
than [15] 25 years nor more than [30] 50 years, but if such
person has 2 or more prior convictions under this chapter,
chapter 109A, or chapter 117, or under the laws of any State
relating to the sexual exploitation of children, such person
shall be fined under this title and imprisoned not less than
[30] 35 years nor more than life. Any organization that
violates, or attempts or conspires to violate, this section
shall be fined under this title. Whoever, in the course of an
offense under this section, engages in conduct that results in
the death of a person, shall be punished by death or imprisoned
for any term of years or for life.
Sec. 2251A. Selling or buying of children
(a) Any parent, legal guardian, or other person having
custody or control of a minor who sells or otherwise transfers
custody or control of such minor, or offers to sell or
otherwise transfer custody of such minor either--
(1) * * *
* * * * * * *
shall be punished by imprisonment for not less than [20] 30
years or for life and by a fine under this title, if any of the
circumstances described in subsection (c) of this section
exist.
(b) Whoever purchases or otherwise obtains custody or
control of a minor, or offers to purchase or otherwise obtain
custody or control of a minor either--
(1) * * *
* * * * * * *
shall be punished by imprisonment for not less than [20] 30
years or for life and by a fine under this title, if any of the
circumstances described in subsection (c) of this section
exist.
* * * * * * *
Sec. 2252. Certain activities relating to material involving the sexual
exploitation of minors
(a) * * *
(b)(1) Whoever violates, or attempts or conspires to
violate, paragraphs (1), (2), or (3) of subsection (a) shall be
fined under this title [or imprisoned] and imprisoned not less
than 10 years and not more than [15] 20 years, [or both,] but
if such person has a prior conviction under this chapter,
chapter 109A, or chapter 117, or under the laws of any State
relating to aggravated sexual abuse, sexual abuse, or abusive
sexual conduct involving a minor or ward, or the production,
possession, receipt, mailing, sale, distribution, shipment, or
transportation of child pornography, such person shall be fined
under this title and imprisoned for not less than [5] 15 years
nor more than [30] 40 years.
(2) Whoever violates, or attempts or conspires to
violate, paragraph (4) of subsection (a) shall be fined under
this title [or imprisoned] and imprisoned not less than 5 years
and not more than [5] 10 years, [or both,] but if such person
has a prior conviction under this chapter, chapter 109A, or
chapter 117, or under the laws of any State relating to
aggravated sexual abuse, sexual abuse, or abusive sexual
conduct involving a minor or ward, or the production,
possession, receipt, mailing, sale, distribution, shipment, or
transportation of child pornography, such person shall be fined
under this title and imprisoned for not less than [2] 10 years
nor more than [10] 20 years.
* * * * * * *
Sec. 2252A. Certain activities relating to material constituting or
containing child pornography
(a) * * *
(b)(1) Whoever violates, or attempts or conspires to
violate, paragraphs (1), (2), (3), or (4) of subsection (a)
shall be fined under this title [or imprisoned] and imprisoned
not less than 10 years and not more than [15] 20 years, [or
both,] but, if such person has a prior conviction under this
chapter, chapter 109A, or chapter 117, or under the laws of any
State relating to aggravated sexual abuse, sexual abuse, or
abusive sexual conduct involving a minor or ward, or the
production, possession, receipt, mailing, sale, distribution,
shipment, or transportation of child pornography, such person
shall be fined under this title and imprisoned for not less
than [5] 15 years nor more than [30] 40 years.
(2) Whoever violates, or attempts or conspires to violate,
subsection (a)(5) shall be fined under this title [or
imprisoned] and imprisoned not less than 5 years and not more
than [5] 10 years, [or both,] but, if such person has a prior
conviction under this chapter, chapter 109A, or chapter 117, or
under the laws of any State relating to aggravated sexual
abuse, sexual abuse, or abusive sexual conduct involving a
minor or ward, or the production, possession, receipt, mailing,
sale, distribution, shipment, or transportation of child
pornography, such person shall be fined under this title and
imprisoned for not less than [2] 10 years nor more than [10] 20
years.
* * * * * * *
CHAPTER 117--TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED
CRIMES
* * * * * * *
Sec. 2422. Coercion and enticement
(a) Whoever knowingly persuades, induces, entices, or
coerces any individual to travel in interstate or foreign
commerce, or in any Territory or Possession of the United
States, to 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 [or
imprisoned] and imprisoned not less than 2 years and not more
than [10 years, or both] 20 years.
(b) Whoever, using the mail or any facility or means of
interstate or foreign commerce, or within the special maritime
and territorial jurisdiction of the United States knowingly
persuades, induces, entices, or coerces any individual who has
not attained the age of 18 years, to engage in prostitution or
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] and imprisoned not less than 5 years
and not more than [15 years, or both] 30 years.
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] and imprisoned
not less than 5 years and not more than [15 years, or both] 30
years.
[(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.]
(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.
* * * * * * *
Sec. 2426. Repeat offenders
(a) Maximum Term of Imprisonment.--The maximum term of
imprisonment for a violation of this chapter after a prior sex
offense conviction shall be twice the term of imprisonment
otherwise provided by this chapter, unless section 3559(e)
applies.
* * * * * * *
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
* * * * * * *
Sec. 2516. Authorization for interception of wire, oral, or electronic
communications
(1) The Attorney General, Deputy Attorney General,
Associate Attorney General, or any Assistant Attorney General,
any acting Assistant Attorney General, or any Deputy Assistant
Attorney General or acting Deputy Assistant Attorney General in
the Criminal Division specially designated by the Attorney
General, may authorize an application to a Federal judge of
competent jurisdiction for, and such judge may grant in
conformity with section 2518 of this chapter an order
authorizing or approving the interception of wire or oral
communications by the Federal Bureau of Investigation, or a
Federal agency having responsibility for the investigation of
the offense as to which the application is made, when such
interception may provide or has provided evidence of--
(a) any offense punishable by death or by
imprisonment for more than one year under sections 2274
through 2277 of title 42 of the United States Code
(relating to the enforcement of the Atomic Energy Act
of 1954), section 2284 of title 42 of the United States
Code (relating to sabotage of nuclear facilities or
fuel), or under the following chapters of this title:
chapter 37 (relating to espionage), chapter 55
(relating to kidnapping), chapter 90 (relating to
protection of trade secrets), chapter 105 (relating to
sabotage), chapter 115 (relating to treason), chapter
102 (relating to riots), chapter 65 (relating to
malicious mischief), chapter 111 (relating to
destruction of vessels), or chapter 81 (relating to
piracy);
* * * * * * *
(c) any offense which is punishable under the
following sections of this title: section 201 (bribery
of public officials and witnesses), section 215
(relating to bribery of bank officials), section 224
(bribery in sporting contests), subsection (d), (e),
(f), (g), (h), or (i) of section 844 (unlawful use of
explosives), section 1032 (relating to concealment of
assets), section 1084 (transmission of wagering
information), section 751 (relating to escape), section
1014 (relating to loans and credit applications
generally; renewals and discounts), sections 1503,
1512, and 1513 (influencing or injuring an officer,
juror, or witness generally), section 1510 (obstruction
of criminal investigations), section 1511 (obstruction
of State or local law enforcement), section 1751
(Presidential and Presidential staff assassination,
kidnapping, and assault), section 1951 (interference
with commerce by threats or violence), section 1952
(interstate and foreign travel or transportation in aid
of racketeering enterprises), section 1958 (relating to
use of interstate commerce facilities in the commission
of murder for hire), section 1959 (relating to violent
crimes in aid of racketeering activity), section 1954
(offer, acceptance, or solicitation to influence
operations of employee benefit plan), section 1955
(prohibition of business enterprises of gambling),
section 1956 (laundering of monetary instruments),
section 1957 (relating to engaging in monetary
transactions in property derived from specified
unlawful activity), section 659 (theft from interstate
shipment), section 664 (embezzlement from pension and
welfare funds), section 1343 (fraud by wire, radio, or
television), section 1344 (relating to bank fraud),
sections [2251 and 2252] 2251, 2251A, 2252, and 2252A
(sexual exploitation of children), sections 2312, 2313,
2314, and 2315 (interstate transportation of stolen
property), section 2321 (relating to trafficking in
certain motor vehicles or motor vehicle parts), section
2423(b) (relating to travel with intent to engage in a
sexual act with a juvenile), section 1203 (relating to
hostage taking), section 1029 (relating to fraud and
related activity in connection with access devices),
section 3146 (relating to penalty for failure to
appear), section 3521(b)(3) (relating to witness
relocation and assistance), section 32 (relating to
destruction of aircraft or aircraft facilities),
section 38 (relating to aircraft parts fraud), section
1963 (violations with respect to racketeer influenced
and corrupt organizations), section 115 (relating to
threatening or retaliating against a Federal official),
section 1341 (relating to mail fraud), a felony
violation of section 1030 (relating to computer fraud
and abuse), section 351 (violations with respect to
congressional, Cabinet, or Supreme Court
assassinations, kidnapping, and assault), section 831
(relating to prohibited transactions involving nuclear
materials), section 33 (relating to destruction of
motor vehicles or motor vehicle facilities), section
175 (relating to biological weapons), section 1992
(relating to wrecking trains), a felony violation of
section 1028 (relating to production of false
identification documentation), section 1425 (relating
to the procurement of citizenship or nationalization
unlawfully), section 1426 (relating to the reproduction
of naturalization or citizenship papers), section 1427
(relating to the sale of naturalization or citizenship
papers), section 1541 (relating to passport issuance
without authority), section 1542 (relating to false
statements in passport applications), section 1543
(relating to forgery or false use of passports),
section 1544 (relating to misuse of passports), or
section 1546 (relating to fraud and misuse of visas,
permits, and other documents);
* * * * * * *
(q) any criminal violation of section 229 (relating to
chemical weapons); or sections 2332, 2332a, 2332b, 2332d,
2332f, 2339A, 2339B, or 2339C of this title (relating to
terrorism); [or]
(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
[(r)] (s) any conspiracy to commit any offense
described in any subparagraph of this paragraph.
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 203--ARREST AND COMMITMENT
* * * * * * *
Sec. 3056. Powers, authorities, and duties of United States Secret
Service
(a) * * *
* * * * * * *
(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.
* * * * * * *
CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
* * * * * * *
Sec. 3142. Release or detention of a defendant pending trial
(a) * * *
* * * * * * *
(e) Detention.--If, after a hearing pursuant to the
provisions of subsection (f) of this section, the judicial
officer finds that no condition or combination of conditions
will reasonably assure the appearance of the person as required
and the safety of any other person and the community, such
judicial officer shall order the detention of the person before
trial. In a case described in subsection (f)(1) of this
section, a rebuttable presumption arises that no condition or
combination of conditions will reasonably assure the safety of
any other person and the community if such judicial officer
finds that--
(1) * * *
* * * * * * *
Subject to rebuttal by the person, it shall be presumed that no
condition or combination of conditions will reasonably assure
the appearance of the person as required and the safety of the
community if the judicial officer finds that there is probable
cause to believe that the person committed an offense for which
a maximum term of imprisonment of ten years or more is
prescribed in the Controlled Substances Act (21 U.S.C. 801 et
seq.), the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.), the Maritime Drug Law Enforcement Act (46
U.S.C. App. 1901 et seq.), or an offense under section 924(c),
956(a), 1201 (if the victim has not attained the age of 18
years), 1591 (if the victim has not attained the age of 18
years), or 2332b [of title 18 of the United States Code] or a
felony offense under chapter 109A, 110, or 117 where a victim
has not attained the age of 18 years.
* * * * * * *
CHAPTER 213--LIMITATIONS
Sec.
3281. Capital offenses.
* * * * * * *
3296. Child abduction and sex offenses.
* * * * * * *
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.
* * * * * * *
CHAPTER 227--SENTENCES
* * * * * * *
SUBCHAPTER A--GENERAL PROVISIONS
* * * * * * *
Sec. 3559. Sentencing classification of offenses
(a) * * *
* * * * * * *
(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).
* * * * * * *
SUBCHAPTER D--IMPRISONMENT
* * * * * * *
Sec. 3583. Inclusion of a term of supervised release after imprisonment
(a) * * *
* * * * * * *
(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.
* * * * * * *
----------
SECTION 843 OF TITLE 10, UNITED STATES CODE
Sec. 843. Art. 43. Statute of limitations
(a) A person charged with absence without leave or missing
movement in time of war, with any offense involving kidnapping
or abduction of a person below the age of 18, with any offense
involving sexual abuse that is punishable by confinement for
more than one year, or with any offense punishable by death,
may be tried and punished at any time without limitation.
* * * * * * *
(c)(1) Periods in which the accused is absent without
authority or fleeing from justice shall be excluded in
computing the period of limitation prescribed in this section
(article).
(2) No period of limitation that would otherwise preclude
prosecution for an offense involving the sexual or physical
abuse of a person under the age of 18 years shall preclude such
prosecution before the person reaches the age of 25 years.
* * * * * * *
----------
SECTION 3701 OF THE CRIME CONTROL ACT OF 1990
SEC. 3701. REPORTING REQUIREMENT.
(a) In General.--Each Federal, State, and local law
enforcement agency shall report each case of a missing child
under the age of [18] 21 reported to such agency to the
National Crime Information Center of the Department of Justice.
* * * * * * *
----------
SECTION 404 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF
1974
DUTIES AND FUNCTIONS OF THE ADMINISTRATOR
Sec. 404. (a) * * *
(b) Annual Grant to National Center for Missing and
Exploited Children.--
(1) * * *
(2) Authorization of appropriations.--There is
authorized to be appropriated to the Administrator to
carry out this subsection, $10,000,000 for each of
fiscal years 2000, 2001, [2002, and 2003] and 2002 and
$20,000,000 for each of fiscal years 2003 and 2004.
* * * * * * *
----------
SECTION 1701 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING
GRANTS.
(a) * * *
* * * * * * *
(d) Additional Grant Projects.--Grants made under
subsection (a) may include programs, projects, and other
activities to--
(1) * * *
* * * * * * *
(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;
[(10)] (11) establish, implement, and coordinate
crime prevention and control programs (involving law
enforcement officers working with community members)
with other Federal programs that serve the community
and community members to better address the
comprehensive needs of the community and its members;
and
[(11)] (12) support the purchase by a law
enforcement agency of no more than 1 service weapon per
officer, upon hiring for deployment in community-
oriented policing or, if necessary, upon existing
officers' initial redeployment to community-oriented
policing.
* * * * * * *
Markup Transcript
BUSINESS MEETING
WEDNESDAY, OCTOBER 2, 2002
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:57 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.
* * * * * * *
Finally, the last item on the agenda is H.R. 5422, the
``Child Abduction Prevention Act.''
[The bill, H.R. 5422, follows:]
Chairman Sensenbrenner. The Chair recognizes the gentleman
from Texas, Mr. Smith, Chairman of the Subcommittee, for a
motion.
Mr. Smith. Mr. Chairman, the Subcommittee on Crime,
Terrorism, and Homeland Security favorably reports the bill
H.R. 5422 with the single amendment in the nature of a
substitute and moves its favorable recommendation to the full
House.
Chairman Sensenbrenner. Without objection, the bill will be
considered as read and open for amendment at any point, and the
Subcommittee amendment in the nature of a substitute, which the
Members have before them, will be considered as read,
considered as the original text for purposes of amendment, and
open for amendment at any point.
[The amendment in the nature of a substitute follows:]
Chairman Sensenbrenner. The Chair recognizes the gentleman
from Texas, Mr. Smith, to strike the last word.
Mr. Smith. Mr. Chairman, I move to strike the last word.
Chairman Sensenbrenner. The gentleman's recognized for 5
minutes.
Mr. Smith. Mr. Chairman, 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 sends a clear message that child abductors
will not escape justice.
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. This section also includes Mr. Gekas'
bill, H.R. 4679, that requires lifetime supervision for sex
offenders. Also included is Mr. Green's bill, H.R. 2146, that
requires mandatory life imprisonment for second-time offenders.
Chairman Sensenbrenner's bill, H.R. 4477, strengthens the laws
related to travel to foreign countries for sex with minors.
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 a first degree
murder.
Title II, Effective Investigation and Prosecution, gives
law enforcement agencies the tools they need to enforce the
laws against child abduction. This section includes
Representative Nancy Johnson's bill, H.R. 1877, which adds four
new wiretap predicates that relate to sexual exploitation
crimes against children. The title 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 pretrial 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, the Nation's resource
center for child protection, 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. Chairman, 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
steal, molest, rape, and kill our children. Immediate action is
necessary, and I urge my colleagues to support this
legislation.
Mr. Chairman, I will yield back the balance of my time.
Chairman Sensenbrenner. The gentleman from Virginia, Mr.
Scott, is recognized for 5 minutes for an opening statement.
Mr. Scott. Thank you, Mr. Chairman. I appreciate your
holding a markup on the AMBER Alert part of the bill.
Unfortunately, the bill contains more than AMBER Alert. If only
AMBER Alert were before us, we'd be ready to move the pending
question and pass the bill. But instead of the non-
controversial House bill introduced by bipartisan leadership,
Mr. Frost and Ms. Dunn, or the companion Senate AMBER Alert
bill which passed that body unanimously a couple of weeks ago,
we have before us a bill that is a convoluted smorgasbord of
get-tough, sound-bite-based provisions. Two strikes and you're
out, lifetime supervision, sex crimes, wiretapping, mandatory
minimum sentences, new death penalties, all sound like we're
doing something about crime when--until you realize what they
call for.
I'm curious to know, Mr. Chairman, why these bills are back
before us in Committee at all. The two-strikes bill, the
lifetime supervision bill, the sex tourism bill, the sex crimes
wiretap bill have all not only passed the Committee, but have
passed the House and are awaiting Senate action. The AMBER
Alert portion of the bill has already passed the Senate
unanimously and could be passed by the House and be on the
President's desk tomorrow to be signed during the first-ever
White House Conference on Missing, Exploited, and Runaway
Children. Instead, we're here today bogged down in
controversial political sound bites that have already passed
the Committee and are unlikely to even be considered by the
Senate at all.
When you take a close look at these bills, you can see why
they will not warrant consideration in the Senate. Take the
two-strikes bill, which is a second offense--which says a
second offense sex crime involving a minor would require
imprisonment for life without parole. It applies to cases
involving consensual sexual activity between high school
teenagers which may even--who may even be engaged to be
married. The best part of these bills is that they have very
limited application because they would enact Federal laws that
would apply only in Federal jurisdiction. The worst part is
they bring about an unfair, draconian result mostly upon Native
Americans on reservations.
Sentencing Commission data indicates that about 75 percent
of the offenders prosecuted under the Federal provisions are
likely to be Native Americans. Offenders who commit the same
crime in the same State can get vastly differing sentences,
probation or life without parole, based on the fact that one
was on one side of the reservation line and the other is just
across the line.
Mr. Chairman, I ask unanimous consent that testimony from
Frank Zimring, a noted criminologist at the University of
California Law School at Berkeley, be introduced. His testimony
was critical of an earlier version of the two-strikes bill, and
I'd ask that his testimony be inserted in the record.
Chairman Sensenbrenner. Without objection.
[The testimony of Mr. Zimring follows:]
Prepared Statement of Franklin Zimring, professor of law, University of
California, Berkeley, CA
The bills before this Committee are prime examples of the
legislative frustration generated by limited federal criminal
jurisdiction. Federal criminal justice accounts for about 7% of all
prisoners and a much smaller percentage of violent and sex crime
prosecution. House members wish to denounce crime and also take steps
to reduce it, but symbolic gestures are easier to find than measures
with strong preventive potential. None of the group of proposals before
the Committee today is a promising method of legislating public safety.
The four proposals before the Committee create four different
strategies to use federal law as an adjunct to crime control. But each
strategy is a journey into the unknown, and there is also a potential
for harmful impacts in many of the proposals. Legislative action on any
of these bills would be premature.
House Bill 894 tries to encourage states to punish murder, rape and
sex offenses against children with a minimum of life without
possibility of parole. The bill would achieve this by deducting from
federal law enforcement assistance grants to states that release
offenders if a recidivist is reconvicted of murder, rape or sexual
assault on a child in another state. We have no idea how many such
reconviction cases occur in the United States, or how many of these
involve multiple states. (There are no payments to victims where a
subsequent crime occurs in the state that released the offender). The
monetary costs per case are modest and thus the impact of the bill on
state sanctions would probably be minimal, which is just as well.
There are several problems with the aim of HB 894, including the
fact that offenses such as second degree murder and non-aggravated rape
would not merit a Life Without Parole sentence on grounds of penal
proportionality. To punish lessor grades of murder with the same
penalty now exclusively reserved for aggravated first degree murder
seems questionable on grounds of morally deserved punishment. To punish
non-fatal crimes such as rape and child molestation with a penalty
reserved for the highest grade of murder seems indiscriminating.
It might also be dangerous. If the bill actually provoked Life
Without Parole penalties in the states, and if offenders are highly
sensitive to deterrent threats at the margin, a rapist or child sex
offender would have little further to lose by eliminating the victim
who is often an important witness against the offender. If my child or
daughter-in-law were under the physical control of a sexual predator, I
would worry about the law's lack of room for incentives to keep the
victim alive. Such incentives are probably more important in situations
of prolonged physical control of victims, but such kidnapings are not
uncommon.
The other major problem with HB 894 is the perverse incentive it
provides by encouraging convictions for reduced charges. All a state
need do to avoid any eventual liability under the bill is convict of a
reduced charge--voluntary manslaughter is one example. If this bill
were enacted, the high mandatory penalties it demands would create
incentives for plea bargains to lessor charges for many if not most
defendants. The net effect would be to increase the disparity of
punishment between the few convicted of the top charge and the many who
would be plea bargained to lessor charges. The result would be the
opposite of truth in sentencing and objectionable for the dishonesty as
well as the disparity it encourages.
House Bill 4045 hopes to enhance the penalties for those convicted
of violence against children under thirteen in federal criminal law.
Its means are direct: a five-step enhancement in sentencing guidelines
if one of the crime victims is a child under thirteen. The problem with
direct use of federal criminal law in this way is the tiny and
unrepresentative sample of violence against children that is within the
jurisdictional boundaries of federal criminal justice. How many cases
of such crimes were there last year in the United States in federal
courts? What percentage of these were crimes within the family? What
percentage of the total were Native American? Miliary? What would have
been the impact of five-step jumps on the case sentences last year or
the year before in the federal courts?
The first step in the career of any legislation that seeks to
restructure the sentencing guidelines should be a study by the
Sentencing Commission of the type and volume of cases that will be
covered, and the type of impact any such new enhancements would produce
on actual sentences. We do know that only a tiny percentage of violence
against children comes to federal courts. We have reason to worry about
ignorant interference with sentencing guidelines. But if the Committee
thinks the approach of HB 4045 has promise, it would be legislative
malpractice to do anything other than gather basic data on the federal
share of child violence cases, the current disposition of such cases,
and the likely impact of enhancements of the magnitude provided in this
bill.
The target of House Bill 4047 is repeat offenders who commit sex
crimes against children and are convicted of such a crime in federal
court. Upon proof of a previous conviction for a sex offense against a
person under eighteen involving conduct that would constitute a federal
sex crime had there been federal jurisdiction, the sentence for the
federal sex crime would be life. Unlike HB 4045, HB 4047 is targeted at
sex offenses. It also has a much older cut-off date for the end of
special victim status: the eighteenth birthday instead of the
thirteenth birthday. While the number of HB 4045 offenses is both tiny
and unrepresentative of child violence offenders, the number of HB 4047
offenders will be tinier still. In the first four years of federal
three strikes, there were thirty-five special convictions. Here there
might be none or a very few. I do not know what kind of cases or
offenders will meet this standard in the federal system, but I suspect
the Indian country jurisdictional rubric will account for the majority.
Here are two things that we do not know about the subjects of HB
4047. How many offenders come before the federal courts who meet its
criteria? What sentences do those offenders receive, and for what
specific offenses? The sponsor of this legislation should seek the
answers to these questions. But here is one thing we do know: this bill
will have no impact on the lives of 99% of all American children who
are at risk of sexual predation.
The fourth bill before this Committee, House Bill 4147, concerns
the age at which child status should end for the purpose of a special
criminal law prohibiting the transporting of obscene materials to
minors. The bill is in this collection, presumably, because its author
believes there is some linkage between the transportation of prohibited
sexual materials to sixteen- and seventeen-year-old subjects and their
victimization in sexual crime. The extension of child status to ages
sixteen and seventeen involves assumptions of inability to consent that
are more problematic for older teens than for twelve- and thirteen-
year-olds. Further, many of the persons who supply obscene materials to
sixteen- and seventeen-year-olds are close in age to the transferees.
This statute, unlike the definition of Dangerous Sexual Offense in HB
894, does not require any age difference between victim and offender on
which to base an assumption of predation.
But the major problem with HB 4147 is the questionable link between
the subject of the law and the danger of predatory sexual crime against
the young. There is no reason to believe that HB 4147 will have any
impact on the sexual abuse of American kids. The gravest danger of the
proposal would be imagining that passing such a law is a real response
to a serious problem. That type of legislative fantasy is not good for
our children's well-being.
Mr. Scott. Mr. Chairman, the AMBER Alert has proven itself
to be something that will actually assist in recovering
abducted children. It is, therefore, too important to the lives
and safety of such children to be used as a vehicle to get a
bunch of controversial provisions into a conference which may
never even meet this late in a session.
The resistance in the Senate is just not true of the
current Senate. Most of the provisions have been languishing in
the Senate for the last three Congresses after passing the
House without any Senate consideration.
Mr. Chairman, if we insist on passing all of these
provisions, we risk losing the chance of passing the AMBER
Alert bill, which enjoys broad bipartisan support. I will hope
that you will adopt my amendment which conforms the bill to the
Senate AMBER Alert bill so that we can pass the bill and send
it on to the President.
Chairman Sensenbrenner. Without objection, all Members may
put opening statements in the record at this point.
[The prepared statement of Ms. Jackson Lee follows:]
Prepared Statement of the Honorable Sheila Jackson Lee, a
Representative in Congress From the State of Texas
Mr. Chairman, I lend my support to H.R. 5422, Proposed Omnibus
``Child Abduction Prevention Act.'' As founder and co-chair of the
Congressional Children's Caucus, I applaud the goals of this bill.
However, there are some concerns about some of the measures
incorporated in the bill. Although I have supported all the measures in
the bill that have been considered on the floor, I would like
acknowledge the tireless efforts of Congressman Bobby Scott to ensure
that this measure does not violate the strong tradition of protecting
civil liberties that is fundamental to our national legal system.
Every day in this country, 2,100 children are reported missing to
the FBI's National Crime Information Center. There are at least 5,000
children missing per year in Houston. The National Child Identification
Program was created in 1997 with the goal of fingerprinting 20 million
children. This program provides a free fingerprint kit to parents, who
then take and store their child's fingerprints in their own homes. If
this information were ever needed, fingerprints would be given to the
police to help them in locating a missing child. This bill will
compliment the National Crime Information Center.
I have taken steps to protect the very youngest of such victims. I
introduced H.R. 72, the Infant Protection and Baby Switching Prevention
Act. This legislation would require certain hospitals reimbursed under
Medicare to have in effect security procedures to reduce the likelihood
of infant patient abduction and baby switching, including procedures
for identifying all infant patients in the hospital in a manner that
ensures that it will be evident if infants are missing.
I have also filed legislation to instruct the Attorney General to
establish a national DNA database only for sex offenders and violent
offenders against children. It was noted at the scene where Samantha
Runnion lost her life that a lot of DNA evidence was there. I can
imagine that this happens in crime scene after crime scene.
Only 22 States sex offender registries collect and maintain DNA
samples as part of the registration. Only 22 States have a DNA registry
that can be utilized for sex offenders. Research on sex offenders found
that over a 4- to 5-year period, a 13.4 percent rate of recidivism in
regard to commission of another sexual offense, and a 12.2 percent rate
of recidivism with a nonsexual offense, violent offense, and a 36.6
percent rate of recidivism with any other offense. One offense is one
too many for me. A long-term follow-up on a study of child molesters in
Canada found that 42 percent were re-convicted of a sexual or violent
crime during the 15- to 30-year follow-up period. There are provisions
of this measure that would authorize COPS funding for SEX Offender
Apprehension Programs (SOAPs) in States that have a sex offender
registry and have laws that make it a crime for failure to notify
authorities of any change in address by child sex offenders. My
legislation would help expand the sex offender registries--specifically
as it relates to violent predators against children, making more states
available for this funding.
Mr. Speaker, as I have previously stated, I cannot take the
murderous acts that are being perpetrated on our children, one after
another. There are times that I feel that we, in this country, have
become jaded. One child after another, Samantha Runnion being the last,
most vicious and violent exhibition of the lowest grade of individual.
Ms., Runnion, a 5-year-old playing with her friend in front of her
house was snatched away screaming and kicking and pleading for her
life. Her nude body was found a day later with clear indication that
she had been sexually assaulted and strangled.
Elizabeth Smart,--and Laura Ayala, of my own community--both were
victims of Abduction. Laura Ayala was a 13-year-old just trying to get
a newspaper for her homework, maybe less than 50 feet away from a
store. She was snatched so fast that all the police found scattered
newspaper and sandals left in place. The names go on and we all know
them, Danielle Van Dam--Rilya Wilson, 5 years old, missing for a year
before the children's protective services in Florida even managed to
say anything.
Mr. Chairman, we truly have a crisis, I believe. In a 1999 report
authored about children as victims, it states, ``Although the U.S.
violent crime rate has been decreasing since 1994, homicide remains a
leading cause of death for young people. Juveniles are twice as likely
as adults to be victims of serious violent crimes and 3 times as likely
to be victims of assault. Many of these victims are quite young. Law
enforcement data indicates that 1 in 18 victims of violent crime is
under the age of 12. In one-third of the sexual assaults reported to
law enforcement, the victim is under the age of 12. In most cases
involving serious violent crime, juvenile victims know the perpetrator,
who is not the stereotypical stranger, but a family member or
acquaintance.''
The AMBER (America's Missing: Broadcast Emergency Response) alert
system is a successful nationwide effort, which permits law enforcement
agencies and broadcasters to rapidly exchange information in the most
serious child abduction cases and quickly alert the public during the
critical first few hours of a child's abduction. This program is named
after Amber Hagerman, who was abducted and murdered in Arlington, Texas
several years ago. This program has been responsible for the amazing
recovery of at least ten children. One of these programs is based in my
district of Houston, Texas. In response to the May 1 abduction of 11-
year-old Leah Henry of Houston, the Amber plan has been made more
flexible, permitting alerts to air more frequently and through radio
and television stations, rather than resorting to the emergency
broadcast system. It is my hope that cities around the nation will
adopt this valuable program.
We must all take a stand against child abduction and victimization.
I am grateful to all other concerned organizations and citizens for
doing so.
Are there any amendments? The gentleman from Virginia, do
you have an amendment?
Mr. Scott. I have an amendment. Do----
Ms. Jackson Lee. I have a quick one.
Mr. Scott. I'd defer to the gentlelady from----
Chairman Sensenbrenner. The gentlewoman from Texas, for
what purpose do you seek recognition?
Ms. Jackson Lee. An amendment under the name of Jackson
Lee. This amendment has the support of Mr. Schiff and----
Chairman Sensenbrenner. The clerk will report the
amendment.
Ms. Jackson Lee. This is the Schiff amendment. This is the
Schiff amendment.
Chairman Sensenbrenner. Okay. What is being passed out is
one that's from Mr. Scott that strikes everything except
section 301 through----
Ms. Jackson Lee. No, this is the section 401, Forensic and
Investigative Support.
Chairman Sensenbrenner. Okay. The clerk will report that
amendment.
Mr. Scott. Don't go too far away with that other one.
Ms. Jackson Lee. This is the Schiff-Jackson Lee.
The Clerk. Amendment to H.R. 5422, offered by Mr. Schiff
and Ms. Jackson Lee. At the end of the bill, add the following:
Title IV-Miscellaneous. Section 401, Forensic and Investigative
Support of Missing and Exploited Children.
Chairman Sensenbrenner. Without objection, the amendment is
considered as read.
[The amendment follows:]
Chairman Sensenbrenner. The gentlewoman is recognized for 5
minutes, and will the gentlewoman yield?
Ms. Jackson Lee. Yes, I'd be happy to yield.
Chairman Sensenbrenner. I'm happy to accept this amendment.
This is a constructive addition to the bill.
Ms. Jackson Lee. Mr. Chairman, if I might, first of all, to
acknowledge that this legislation was first offered by one of
my colleagues who I work with in the Missing and Exploited
Children's Caucus, as well as the Congressional Children's
Caucus, Nick Lampson. And what it does is it consummates the
relationship between the National Center for Missing Children
and as well the Secret Service using their varied talents.
Might I ask my colleagues to consider this, and I conclude
by simply saying this: that this bill has great legs and great
movement. I sense a degree of unreadiness, and I believe there
would be genuine support of Democrats to allow this process to
continue a little longer than it has. I will say that I'm very
dedicated to this issue, and I thank the Missing and Exploited
Children for working with me on several points, including DNA
legislation that I am going to continue to pursue to ensure
that we have a stronger initiative in making sure our children
are not abducted but, more importantly, violent predators
against children are found.
This particular amendment that I offer today is one that I
think will strengthen this legislation, and I'd ask my
colleagues to support this amendment that consummates the
relationship between the Secret Service and the Center for
Missing and Exploited Children.
Chairman Sensenbrenner. The question is on the adoption of
the Jackson Lee amendment. 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. 5422, offered by mr. Scott.
Starting on page 2, line 1, strike all of the bill except
sections 301 through 305, and renumber sections accordingly.
[The amendment follows:]
Chairman Sensenbrenner. The gentleman's recognized for 5
minutes.
Mr. Scott. Mr. Chairman, to save time, I'd incorporate by
reference my opening statement.
Chairman Sensenbrenner. Without objection.
Mr. Scott. This conforms the bill to the AMBER Alert bill
that everyone has agreed to, that the Senate will pass. I hope
you'll adopt the amendment so that the AMBER Alert portion of
the bill will not get lost in a legislative quagmire.
I yield back.
Chairman Sensenbrenner. The gentleman from Texas, Mr.
Smith.
Mr. Smith. Mr. Chairman, I oppose this amendment.
Chairman Sensenbrenner. Recognized for 5 minutes.
Mr. Smith. Mr. Chairman, I oppose this amendment which
would strike all the provisions of the bill except those
related to the implementation of a national AMBER Alert system,
as the gentleman from Virginia just described it. Although I am
in favor of the AMBER Alert provisions of this bill, I do not
believe that passing only these provisions is the best way to
deal with the problem of child abductions in this country.
H.R. 5422 in its current form is a balanced approach that
provides stronger penalties against kidnapping, ensures
lifetime supervision of sexual offenders and kidnappers of
children, gives law enforcement the tools it needs to prosecute
these crimes, and provides community assistance when a child is
abducted.
Many of these provisions that would be stricken by the
amendment have already passed the House by a wide bipartisan
margin. Of course, if the Senate had acted, we wouldn't be
highlighting them in the package today.
Those provisions, along with the others, ensure that for
those individuals who harm a child, the punishment will be
severe and they will not be allowed to slip through the cracks
of the system to harm other children.
Mr. Chairman, there's another reason to oppose this
amendment, and that is, while the AMBER provisions are good and
constructive, they deal only with the situation after the child
has already been abducted. The rest of the provisions in this
bill which we need to maintain actually go to the heart of the
matter, which is trying to prevent abductions from actually
occurring and, should they occur, punish the perpetrators more
severely. So we need all the provisions in this bill, not just
the AMBER provision.
And, Mr. Chairman, I will yield back the balance of my
time.
Chairman Sensenbrenner. For what purpose does the
gentlewoman from California, Ms. Waters, seek recognition?
Ms. Waters. To strike the last word.
Chairman Sensenbrenner. The gentlewoman's recognized for 5
minutes.
Ms. Waters. I would like to support Mr. Scott's amendment,
really. It seems to me that it is a sensible amendment that
would show our support for AMBER Alert without reviving
legislation that's already been passed by this Committee and
this House. As a matter of fact, I thought there were some
rules of the House that would not allow us to simply take up
legislation that had already been passed, particularly by the
Committee and the House again, and just recycle it into
legislation that has with it just additional information that
makes it appear as if it's new legislation somehow.
Some of that legislation that passed out I certainly had
some questions about, and I think that we debated that here in
the Committee, and the decision of the Committee to pass it was
certainly a decision by the majority of this Committee. Why,
then, are we doing that again?
As a matter of fact, I would like to yield to the Chair to
ask, Mr. Chairman, whether or not we're in violation of any
House rules by recycling legislation that's already been passed
out of the Committee.
Chairman Sensenbrenner. The answer to that question is no.
Ms. Waters. You don't have anything else you want to say?
Chairman Sensenbrenner. The gentlewoman from California
knows that I'm a person of many fewer words than she.
Ms. Waters. Okay. On my time, I think that the Chair's
answer is abbreviated because the Chair does not wish to get
into a discussion about duplication of legislation and knows
that this legislation has just been blown up to make it look as
if it is something that it is not.
As a matter of fact, that portion which is new I support on
AMBER Alert. The other part of the legislation, which I think
is being struck by this amendment, I would support the
amendment by the gentleman from Virginia because it makes good
sense.
I yield back the balance of my time.
Chairman Sensenbrenner. The question is on the Scott
amendment. Those in favor will say aye? Opposed, no?
The noes appear to have it. The noes have it and the
amendment is not agreed to.
Are there further amendments?
Mr. Scott. Mr. Chairman?
Chairman Sensenbrenner. The gentleman from Virginia.
Mr. Scott. I seek recognition for a motion.
Chairman Sensenbrenner. What is the motion?
Mr. Scott. To bring up for consideration Senate bill S.
2896, the National AMBER Alert----
Chairman Sensenbrenner. And that has not been properly
noticed in the Committee notice, and consequently that motion
is not in order.
Mr. Scott. Mr. Chairman, parliamentary inquiry.
Chairman Sensenbrenner. State your inquiry.
Mr. Scott. Would it be in order without notice by unanimous
consent?
Chairman Sensenbrenner. The pending question is H.R. 5422,
and that is not in order while there is another matter that is
pending.
Are there further amendments to H.R. 5422? If not, the
question is on the Subcommittee amendment in the nature of a
substitute as amended. Those in favor will say aye? Opposed,
no?
The ayes appear to have it. The ayes have it and the
substitute amendment as amended is agreed to.
The Chair notes the presence of a reporting quorum. Those
in favor of the motion to report the bill H.R. 5422 favorably
as amended will say aye. Opposed, no?
The ayes appear to have it. The ayes have it and the motion
to report 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 the rules
in which to submit additional, dissenting, supplemental, or
minority views.
That completes the noticed----
Mr. Scott. Mr. Chairman? Mr. Chairman?
Chairman Sensenbrenner.--agenda, and the Chair declares the
Committee adjourned.
[Whereupon, at 11:45 a.m., the Committee was adjourned.]
Dissenting Views
We are very disappointed with the approach being taken by
the Majority to deal with the very serious problem of child
abduction.
If ever there was an issue the parties could come together
on in a bipartisan way, this would seem to be it. The recent
rash of child abductions clearly indicates the need to protect
our children from sexual predators. Bipartisan legislation was
introduced in the House (H.R 5326) \1\ and Senate (S. 2896) \2\
that would create a national Amber alert system to assist local
and state authorities in tracking kidnappers that attempt to
cross state lines.
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\1\ H.R. 5326, the National AMBER Alert Network Act of 2002 was
introduced on September 4, 2002, by Representatives Frost and Dunn. The
bill currently has 108 cosponsors.
\2\ S. 2896, the National AMBER Alert Network Act of 2002 was
introduced on September 3, 2002, by Senators Feinstein and Hutchinson.
The bill passed the Senate the following week on September 10, 2002.
---------------------------------------------------------------------------
That bipartisan bill quickly passed the Senate and it
should have quickly passed the House and been sent on to the
president. Instead, what we have is a bill that includes the
non-controversial Amber alert provisions and far more
controversial provisions concerning death penalties, mandatory
minimum sentences, wiretap extensions, pre-trial release, and a
whole host of other unrelated provisions.
For example, this bill mandates life without parole for
even attempted consensual touching of sexual parts by
consenting teenagers if one is a minor and it is a second such
offense. This is a greater penalty than is required for a
second offense of 2nd degree murder. Approximately 80% of those
subject to these draconian penalties are Native Americans on
reservations.
The bill also extends FBI wiretap authority to sexual acts
between consenting adults. It, furthermore, extends wiretap
authority to investigate sexually explicit computer generated
images, even when the images do not involve real children,
despite the fact that the U.S. Supreme Court recently ruled
that creation and possession of such images does not constitute
a crime. While some of us support these provisions and others
do not, we all agree that it is unnecessary and
counterproductive to weigh down the Amber alert provisions with
these measures.
The majority knows that many on this side of the aisle
cannot as a matter of principal support the death penalty and
mandatory minimum sentences, particularly with all of the
problems we have seen in these areas in this country. As many
people now know, our current death penalty system is riddled
with several flaws. Namely, the unacceptably high rate of
wrongful convictions, inadequate legal representation and a
system that is applied in a racially discriminatory manner.
Indeed, after realizing the significant problems with the death
penalty, Governor Ryan of Illinois, historically an advocate of
the death penalty, declared a moratorium in his state after 13
people were released from death row because of innocence. Ryan
wanted assurances that the system worked before resuming
executions. Some death penalty proponents have argued that the
problems in Illinois are exceptional. In fact, however, the
error rate in Illinois is 66%, slightly lower than the national
average of 68%.
Problems with the bill's mandatory minimum provisions are
equally troubling. Mandatory minimum sentences have been
studied extensively and have been shown to be ineffective in
preventing crime, to distort the sentencing process and to be a
considerable waste of taxpayers' money. Weighing in on the
issue, Chief Justice Rehnquist, who is not generally known to
be lenient on crime, has stated that, ``mandatory minimums . .
. are frequently the result of floor amendments to demonstrate
emphatically that legislators want to `get tough on crime.'
Just as frequently, they do not involve any careful
consideration of the effect they might have on the sentencing
guidelines as a whole . . .'' When the majority of scholars,
justices and policy analysts all oppose such controversial
provisions, the majority's inclusion of such policies suggests
that they have gone out of its way to load the bill up and make
it more difficult for some Members to support the legislation.
This ``my way or the highway'' approach might at least be
understandable if it was employed early in the legislative
session. But we only have 1 week left in the Congress, and we
need to pass a clean ``AMBER alert'' bill now and send it on to
the president. The White House has asked us to do exactly
that.\3\ We are puzzled that the Majority has decided to play
politics, rather than advance this important bill.
---------------------------------------------------------------------------
\3\ Bush Promotes ``Amber Alert'' System, The Washington Post,
Thursday, October 3, 2002.
John Conyers, Jr.
Howard L. Berman.
Robert C. Scott.
Melvin L. Watt.