April 10, 2003 CONGRESSIONAL RECORD — HOUSE H3059 The people of Connecticut are justly lead the way among confectioners. If AMBER plans, and serve as a nation- proud of their Huskies, who have set an we do our part here in Congress to less- wide point of contact. example for us all with their teamwork en government regulations, to expand The AMBER program is a voluntary and their standards of perfection. I trade opportunities and to lower taxes partnership between law enforcement know this victory was a team effort; to encourage economic growth, we will agencies and broadcasters to activate but we are particularly proud of Maria see more success stories like Just an urgent alert bulletin in serious child Conlon from Derby, Connecticut, of the Born, Inc. abduction cases. The goal of the third congressional district, and Diana Mr. Speaker, I congratulate Just AMBER Alert is to instantly galvanize Taurasi, a fellow daughter of Italian Born and 3 generations of Lehigh Val- the entire community to assist in the immigrants, who was named the Final ley employees for sweetening America. search for, and the safe return of, that Four Most Outstanding Player and f child. Consensus National Player of the Year I am pleased that this legislation CONFERENCE REPORT ON S. 151, after she scored the third most points also authorizes $20 million for fiscal PROSECUTORIAL REMEDIES AND in Division I tournament history, the year 2004 for the Secretary of Transpor- TOOLS AGAINST THE EXPLOI- fourth-most ever in the Final Four, tation to make grants to States for the TATION OF CHILDREN TODAY and tied for second-most ever in a title development or enhancement of notifi- ACT OF 2003 game, all with an aching back, one cation or communication systems good ankle and a heart whose size is Mrs. MYRICK. Mr. Speaker, by direc- along the highways. I am sure Members only matched by that of the Huskies’ tion of the Committee on Rules, I call have seen those reader board signs. dreams. up House Resolution 188 and ask for its These signs are for alerts and other in- These women have shown that given immediate consideration. formation for the recovery of abducted the resources, they are just as talented The Clerk read the resolution, as fol- children. Doing this will enable all 50 and exciting to watch as any men’s lows: States to implement this life-saving basketball team out there. They are H. RES. 188 program, and we have seen several ex- role models for girls and boys alike Resolved, That upon adoption of this reso- amples of it working lately to literally across this Nation, and we should re- lution it shall be in order to consider the save children’s lives. member them as we debate title IX and conference report to accompany the bill (S. For those individuals who would its impact on women in this country. 151) to amend title 18, United States Code, harm a child, we must ensure that pun- with respect to the sexual exploitation of Mr. Speaker, I congratulate the ishment is severe and that sexual pred- Huskies on their championship win and children. All points of order against the con- ference report and against its consideration ators are not allowed to slip through their incredible season. They have the cracks of the system to harm other truly earned this recognition. Go are waived. The conference report shall be considered as read. children. To this end, this legislation Huskies. The SPEAKER pro tempore (Mr. provides a 20-year mandatory min- f LAHOOD). The gentlewoman from North imum sentence of imprisonment for JUST BORN CELEBRATES 5OTH Carolina (Mrs. MYRICK) is recognized stranger abductions of a child under ANNIVERSARY OF PEEPS for 1 hour. the age of 18, lifetime supervision for sex offenders and mandatory life im- (Mr. TOOMEY asked and was given Mrs. MYRICK. Mr. Speaker, for the prisonment for second-time offenders; permission to address the House for 1 purpose of debate only, I yield the cus- and we all know that is a very common minute and to revise and extend his re- tomary 30 minutes to the gentleman occurrence. marks.) from Texas (Mr. FROST), pending which Mr. TOOMEY. Mr. Speaker, I rise to I yield myself such time as I may con- This responds to the long-standing offer congratulations to the confec- sume. During consideration of this res- concerns of Federal judges and prosecu- tioners at Just Born, Incorporated, as olution, all time yielded is for the pur- tors regarding the inadequacy of the they celebrate the 50th anniversary of pose of debate only. existing supervision period for sex of- one of their most recognized and cele- Yesterday the Committee on Rules fenders, particularly for the perpetra- brated products, not to mention my met and granted a ‘‘normal’’ con- tors of child sexual abuse crimes, daughter’s favorite, Marshmallow ference report rule for S. 151, the Pros- whose criminal conduct may reflect Peeps. ecutorial Remedies and Other Tools to deep-seated deviant sexual disorders, Just Born, with their Peeps, is a end the Exploitation of Children Today and they are not likely to disappear great American manufacturing success Act of 2003, or the PROTECT Act. within a few years of release from pris- story. Over a billion Peeps are pro- The rule waives all points of order on. duced each year by Just Born’s 400-plus against the conference report and Furthermore, S. 151 removes any employees. Their candies are exported against its consideration. Mr. Speaker, statute of limitation and opportunity to over 30 countries, making them this should not be a controversial rule. for pretrial release for crimes of child available to over 1.5 billion people It is the type of rule that we grant for abduction and sex offenses. Oftentimes worldwide. every conference report that we con- it is years later that sex offenses come Innovation and dedicated employees sider in the House. to light because a child is afraid to have really been the source of the suc- The PROTECT Act sends a clear mes- speak out. That is why this conference cess of this company. Just Born was sage to those who prey upon children report is so important. Not only does it founded in 1923 in New York City by that if they commit these crimes, they come to the aid of the children after Samuel Born, a Russian immigrant. will be punished. This legislation pro- the abduction with the AMBER Alert, The company moved to Bethlehem, vides stronger penalties against kid- it aims to prevent the abduction with Pennsylvania, in 1932 and under the napping, ensures lifetime supervision the provisions I just mentioned. leadership of Bob Born, Samuel’s son, of sexual offenders and kidnappers of I also want to applaud the conferees Just Born acquired a candy company in children, gives law enforcement the for including legislation authored by 1953 which manufactured by hand a tools it needs to effectively prosecute the gentleman from Indiana (Mr. small line of 3–D marshmallow prod- these crimes, and provides assistance PENCE) that would punish those who ucts. The innovative Bob Born mecha- to the community when a child is ab- use misleading domain names to at- nized the process of making Peeps and ducted. tract children to sexually explicit dramatically increased the quantity of To accomplish this, S. 151 establishes Internet sites. It accomplishes this Peeps manufactured each year. Peeps an AMBER Alert coordinator within goal by increasing the penalties and once took 27 hours to make, they now the Department of Justice to assist provides prosecutors with enhanced take 6 minutes. States with their AMBER Alert plans. tools to prosecute those seeking to lure It is this innovative, entrepreneurial This coordination will eliminate gaps children to porn Web sites. As a mother spirit, and great workers that make in the network, including gaps in inter- and grandmother, it is hard for me to American manufacturers the best in state travel, work with States to en- understand how anyone can prey on a the world, and Just Born continues to courage development of additional defenseless child.

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K10AP7.009 H10PT1 H3060 CONGRESSIONAL RECORD — HOUSE April 10, 2003 Therefore, I urge my colleagues to Crime ranking member, the gentleman further protection for our Nation’s support the rule and support the under- from Virginia (Mr. SCOTT), who have children by allowing youth-serving lying bill. It is imperative for our Na- been extraordinarily helpful through- nonprofit organizations such as the tion to protect our most valuable re- out this process. I also thank my friend Boys and Girls Club, the National source, our children. and colleague, the gentlewoman from Council for Youth Sports, and the Na- Mr. Speaker, I reserve the balance of Washington (Ms. DUNN), who joined tional Mentoring Group to request na- my time. with me to introduce the AMBER bill tional fingerprint background checks Mr. FROST. Mr. Speaker, I yield my- in the House, and of course Senators in the absence of State laws providing self such time as I may consume. KAY BAILEY HUTCHISON, DIANE FEIN- such access. (Mr. FROST asked and was given per- STEIN, and HILLARY RODHAM CLINTON However, since the Volunteers for mission to revise and extend his re- have done a marvelous job leading the Children Act was enacted in 1998, only marks.) effort in the Senate. a very few States have complied with Mr. FROST. Mr. Speaker, by passing Outside of the Congress, much credit this law. this conference report today, Congress goes to the National Center for Missing b 1045 can finally end the 6 months of polit- and Exploited Children, to the National ical maneuvering that have delayed my Association of Police Organizations, to As a result, for the past year, I have legislation to help set up a nationwide Marc Klaas and the Polly Klaas Foun- been working towards a permanent so- network of AMBER Alerts. The dation, and to all of the organizations lution with the Senate and the chair- AMBER plan was named for a young and individuals who worked to expand man to correct this problem once and girl, Amber Hagerman, who was kid- AMBER Alerts nationwide. for all. napped and murdered in Arlington, Finally, I want to personally thank Though I applaud both the chairman Texas, in my congressional district. Ed Smart, who in an extraordinary and the conference committee on rec- Make no mistake, this conference re- statement on the eve of the safe recov- ognizing the need to address this long- port is not perfect. It contains some ery of his daughter, Elizabeth Smart, standing problem, the efforts to correct needlessly controversial provisions spoke directly to the American public it leave much to be done. I hope that dealing with our criminal laws. For and this Congress and urged the we can work with the chairman to pro- that reason, some Members will oppose prompt enactment of the AMBER Alert vide the necessary protection to mil- it. bill. lions of children participating in both The AMBER Alert Network Act, Mr. Speaker, this is long overdue. the local and nationwide after-school which I first introduced in the House of This will save children throughout the and volunteer-run programs by giving Representatives with the gentlewoman United States. I commend this legisla- these groups the access they need to from Washington (Ms. DUNN) last year, tion to this House and to the President. criminal background checks of their should have been law long, long ago. It Mr. Speaker, I reserve the balance of volunteers. passed the Senate unanimously twice. my time. We have tried it in Florida. It has The President made clear his support Mrs. MYRICK. Mr. Speaker, I yield 4 been immensely successful. It has been for it, and 230 Democrats and Repub- minutes to the gentleman from Florida applauded by child advocate groups. It licans cosponsored it in the House, a (Mr. FOLEY). has been applauded by the FDLE, Flor- clear majority. But for more than 6 Mr. FOLEY. Mr. Speaker, I thank the ida Department of Law Enforcement’s months now, House Republican leaders gentlewoman for her leadership on this head, Tim Moore. We have used it ex- refused to allow the House to vote on rule, and I rise in support of the rule tensively to provide protection for our this bipartisan bill to protect Amer- for S. 151, which is aimed at combating children and volunteer organizations. ica’s children. And 2 weeks ago, 218 child exploitation and abuse. As co- The fingerprint check is the only ab- House Republicans ignored a last chair of the Congressional Missing and solute way we can ensure that those minute letter from the family of Eliza- Exploited Children’s Caucus with the working with our children are, in fact, beth Smart and voted to support their gentleman from Texas (Mr. LAMPSON), clean of past histories that would cause leadership and block consideration of I know full well the need for new and them to come into difficult situations the stand-alone AMBER bill. increased penalties and the need to ex- with our children. Mr. Speaker, it should not have been pend more resources to enforce current Again, Mr. Speaker, I do offer my full this hard; but we can now see an end to law. support for the overall package and en- this matter. We now are about to fi- I would like to commend the work of courage my colleagues to vote for this nally enact this very important legisla- both the gentleman from Wisconsin rule and, of course, for the underlying tion. (Mr. SENSENBRENNER) and the con- bill. We know the AMBER Alert system ference committee for bringing this Mr. HASTINGS of Florida. Mr. works. Since it was created in north outstanding package to the floor Speaker, I yield 4 minutes to the gen- Texas in 1997, it has helped recover 53 today. With provisions like Two tlewoman from Texas (Ms. JACKSON- abducted children, five of them in the Strikes and You’re Out for repeat child LEE), my good friend. month of March alone. But it does not sex offenders, penalties for inter- (Ms. JACKSON-LEE of Texas asked work where it does not exist. That is national sex tourism, the doubling of and was given permission to revise and why the AMBER Alert Network Act, funding for the National Center for extend her remarks.) which this conference report includes, Missing and Exploited Children, ex- Ms. JACKSON-LEE of Texas. Mr. is so important because it will help set panding the relationship between the Speaker, I thank the distinguished gen- up a nationwide network of AMBER United States Secret Service and the tleman from Florida for yielding me Alerts. National Center for Missing and Ex- this time. Mr. Speaker, this has been a long ploited Children, and of course the Mr. Speaker, I think it is well known road, and a lot of dedicated Americans AMBER Alert Act, all make this legis- that in the time that I have spent as a have worked very hard to pass this bill. lation another nail in the coffin of Member of this Congress, I have con- In the House, the gentleman from those who prey on the most innocent in sistently supported legislation that Texas (Mr. LAMPSON), the gentleman our society, our children. will enhance the protection of our chil- from New Jersey (Mr. HOLT), the gen- Mr. Speaker, this bill will help bring dren. This year, we received an enor- tleman from Kansas (Mr. MOORE), and pedophiles and others who intend to do mous shot in the arm when Elizabeth the gentleman from Utah (Mr. MATHE- children harm to justice. I would, how- Smart was returned to her family, and SON), who represents the family of Eliz- ever, like to take a moment to express I am reminded of the very potent words abeth Smart, have worked very hard. I some concern I have about one of the of her father in the early hours after wanted to thank the Democratic mem- provisions that was put into the final her return, pass a straight up-or-down bers of the Committee on the Judici- package relating to the Volunteers for AMBER Alert bill, and that it was the ary, especially the ranking member, Children Act. This law, which the gen- community, including of course his the gentleman from Michigan (Mr. tleman from Texas (Mr. LAMPSON) and wonderful young daughter, who really CONYERS), and the Subcommittee on I championed, was designed to provide helped bring Elizabeth home. It was

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K10AP7.010 H10PT1 April 10, 2003 CONGRESSIONAL RECORD — HOUSE H3061 the community who began to hear the courts whose lips are silenced because guidelines continue to state that de- announcements and various citizens they are on the Federal bench? partures should be rare occurrences, throughout his great State began to I would encourage my colleagues to they have actually proven to have been call in various information in order to discuss this in their judicial conference anything but. help the police locate Elizabeth. and begin to assess what this Congress The Department of Justice testified And so, legislation that this was sup- is doing, which is undermining the Fed- before the Subcommittee on Crime, posed to be is a good effort. The eral judiciary. Terrorism and Homeland Security that AMBER Alert, nationalizing it, is a It is my hope that someone some- the rate of downward departures on good effort. where, Mr. Speaker, will find a way to grounds other than substantial assist- It concerns me that there would be undo this legislation as it relates to ance to the government has climbed those who would undermine or dimin- the intrusion upon our Federal courts steadily every year for many years. In ish the importance of having a national and the complete imploding of the sep- fact, the rate of such departures is up AMBER Alert by suggesting that it aration of these powers and the dis- by an overwhelming 50 percent in just was not enough, that there are many respect that is being given to these the last 5 years alone. And by the way, rural and urban communities and courts not to allow them to have the the rate of departures downwards is 33 States that do not have the system and discretion to make the appropriate de- times higher than the rate the Federal that this bill will help. cision for the defendant and the plain- judges depart upwards from the sen- By and large, reluctantly I will ulti- tiff and the State that is in the court- tencing guidelines. mately be supporting the final passage room. The Department of Justice believes of this legislation, but not the rule. I I ask my colleagues to vote against that much of the damage is traceable thought, when the conference met that this rule. to the Supreme Court decision in King we would reasonably understand that Mrs. MYRICK. Mr. Speaker, I yield 5 v. United States. Actually, that deci- certain aspects this legislation are, in minutes to the gentleman from Florida sion has led to an accelerated rate of fact, destructive of our civil liberties (Mr. FEENEY). downward departures by judges. and civil justice and criminal justice Mr. FEENEY. Mr. Speaker, I thank What this bill now does is to contain systems. the gentlewoman for yielding me this a number of provisions designed to en- For example, I abhor pornography. I time. sure a more faithful adherence to the am reminded of the Supreme Court I rise in support of the rule. The rule laws of the United States, as passed by statement: I will know it when I see it. was actually necessitated over a debate this Congress. Specifically, the amend- But there is certainly a question of the about what this bill should include. ment, as it was adjusted in conference, first amendment as it relates to virtual Some of the opponents of the rule would put strict limits on departures pornography, meaning that it is not an suggested it should include just the for child crimes and sex offenders by actual child; and clearly, under the AMBER Alert system, and as they well allowing sentences outside the guide- rights of privacy, although I abhor it, know, actually the AMBER Alert sys- line only upon grounds that are specifi- though I hope no one is doing it on tem has already been instituted by cally enumerated by the judge. This is their jobs or in places that are inappro- Bush administration. It reminds me of important because it limits the judge’s priate, virtual pornography is what it an experience that Adlai Stevenson discretion, forces the judge to explain is, Mr. Speaker. It is clearly pictures shared when he was running for Presi- what he has done, and provides an op- depicted, and not of real and actual dent in 1956. At the end of what he portunity for the prosecutors to appeal children, which would be absolutely in- thought was a great speech of about 40 if the judge has been completely un- tolerable. or 45 minutes, a woman from the audi- faithful. Then we go to the next, I believe, of- ence came up and said, Mr. Stevenson, There are a number of other reported fensive provision of this legislation I thought your speech was simply su- provisions that are contained in the which will cause me to vote against the perfluous. To which he responded, to Feeney amendment. It calls for the rule, be it called for in a roll call or test whether she really had a full grasp Sentencing Commission to review and verbally, and that is the complete dis- of the English language, Thank you, revise the departures from guidelines respect and insult to Article III, Fed- Madam; I am thinking of having it pub- for all other cases that do not involve eral courts, courts that have the over- lished posthumously, to which she re- offenses against children, provides for sight and affirmational confirmation plied, Wonderful, the sooner, the bet- the Department of Justice to have ac- process of the United States Senate ter. cess to existing judge-identifying data- and nomination by the President of the Mr. Speaker, I applaud the gen- base maintained by the Commission, United States; the recognition that tleman from Wisconsin (Chairman SEN- and it does also provide there will be a there are three branches of govern- SENBRENNER) in his effort to make sure report to Congress every year by the ment; the three branches of govern- that what we are doing today is not su- Department of Justice reflecting the ment are administrative, executive, perfluous. The AMBER Alert system is reforms of internal appellate review and legislative. wonderful at attempting to retrieve practices for these downward depar- In this bill designed to ensure that children that are kidnapped and trans- tures. our children can be found, we have ported over State borders, but it is al- Finally, it provides that no more taken the liberty of undermining and ready in effect. than three of the commissioners to the putting a spear, if the Members will, in What we have tried to do in the com- Sentencing Guideline Commission can the jurisdiction and discretion of our mittee under the leadership of the come from the ranks of the Federal ju- Federal courts, our Federal judges, by chairman is to deter and punish people diciary. in fact requiring a mandatory directive and put them behind bars for a long This is a great victory today. It is a as to what they should do with respect time, who are actually about to kid- great victory for children. It is a great to child sex offense pornography and nap, abuse, or sexually offend against victory for those of us who do not want other sex offenses. minors. That is what this bill ulti- to just retake possession of children We are not in the courtroom, Mr. mately did, thanks to the leadership of that have been kidnapped or abused, Speaker. We are not hearing the testi- the gentleman from Wisconsin (Chair- but those of us who want to prevent mony. man SENSENBRENNER). the abuse and the kidnapping to begin As I indicated, I abhor violations One of the provisions that has been with. against children and it is our responsi- added, I have a particular interest in. Mr. HASTINGS of Florida. Mr. bility to ensure their safety. Parts of It has been referred to as the Feeney Speaker, I yield myself 3 minutes. this bill will do that. But to intrude amendment. This bill with the amend- I would like to engage my colleague upon Article III courts, I would say to ment in it, as it has been modified in from Florida in a colloquy if he would my colleagues is dancing on very trou- conference, addresses a serious problem be so inclined. I ask my colleague his bling ground and as we begin to under- of downward departures from the Fed- understanding of the modifications mine the court’s jurisdiction here, the eral Sentencing Guidelines by judges that took place in conference, because question is, what next, to the Federal across the country. Although the Members have come to several of us

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K10AP7.078 H10PT1 H3062 CONGRESSIONAL RECORD — HOUSE April 10, 2003 asking us our understanding; and quite essary and reporting regarding same into the overall larger bill, which I be- frankly, I am not clear and perhaps he should be important. But please do not came a cosponsor of early on, the work can help us to understand whether or take the downward departures to mean that the gentleman from Florida (Mr. not it, in fact, was modified as it per- that the judges did not see something FOLEY) has done on the Congressional tains to all sex crimes or was it modi- that we do not have an opportunity, Caucus on Missing and Exploited Chil- fied to include just sexually exploited when we make these laws, to clearly dren, along with me and about 150 situations as it pertains to children. understand what the judge in fact saw other Members of the House of Rep- Mr. FEENEY. Mr. Speaker, will the and heard in the sentencing provision, resentatives, as we have worked dili- gentleman yield? or even in the trial. gently to try to make a difference in Mr. HASTINGS of Florida. I yield to I could cite numerous examples this issue that deals with child protec- the gentleman from Florida. where downward departures have saved tion. Mr. FEENEY. Mr. Speaker, I am families and lives. I would hope my I have spoken for 2 years on this going to say to my good friend in that, friend would understand that. issue and am thrilled to see the kind of in the first place, the primary source Mrs. MYRICK. Mr. Speaker, I yield 1 interest that this has brought right rule probably ought to be in effect minute to the gentleman from Florida now and the support it has brought here. I was not part of the conference (Mr. FEENEY). from across our House of Representa- committee, and what I have is a review Mr. FEENEY. Mr. Speaker, I thank tives and the Senate. of that. the gentlewoman for yielding time to We all know about the AMBER Alert I do note that the gentleman from me. I am grateful to the gentlewoman. and what it is and why it is such a good Wisconsin (Chairman SENSENBRENNER) In the first place, the honorable gen- thing. So right now I really do not is on the floor, paying close attention; tleman has me at a disadvantage be- want to talk so much about it, but to so at a minimum, I hope he will correct cause he has been a member of the talk about the larger role of who is me for any deficiencies. other part of our government, and I am playing a role in this overall effort: the As I understand it, with respect to respectful of the fact that he has some Members of the House, the Senate, being more restrictive in terms of when wisdom and insights that I do not. their staffs. The work that has been Federal judges can depart downward I would suggest, however, that what done in the last several months, I from the guidelines, the original we are doing here is not eliminating think, is extremely impressive. Certainly, I would mention the Na- Feeney amendment actually applied to the ability of judges to depart from the tional Center for Missing and Exploited all Federal offenses. With respect to sentencing guidelines; we are pre- Children and what they have done that downward departure restriction serving their right and asking them to since their involvement in this issue that we are doing now, it only applies explain why they did so. for the last more than 20 years. There to offenses against children, sex of- Finally, I would make the point to is the FBI, the Customs Service, and fenses, kidnapping, abuse, pornog- the gentleman that if the departure local law enforcement officials, as well raphy. It does not apply to offenses ratio was 33 times higher than sen- tencing guidelines, for every time that as the media who also are a big part of outside that specific realm. the AMBER Alert. there is one below the guidelines, I Mr. HASTINGS of Florida. Mr. I want to thank the families and would suggest to him that we might be Speaker, so the antiquated sexual of- friends of Laura Kate Smither, the lit- fenses are not contemplated under the hearing from the American Civil Lib- tle girl who was abducted and mur- gentleman’s amendment as he under- erties Union, the Criminal Defense As- dered in 1997, who actually was the in- stands it? sociation, and the American Bar Asso- spiration for the Congressional Caucus Mr. FEENEY. As I understand what ciation with a sense of outrage that on Missing and Exploited Children. I the conference committee report did, it people with disparate treatment are stand here today in honor of Laura and is actually Hatch-Sensenbrenner- being abused by having too much sen- with the hopes that this important Graham, referring to Senator BOB tences imposed on them. piece of legislation will prevent the ab- GRAHAM, who is a colleague of ours By the way, historically in America duction and exploitation of children from Florida. I am sorry, LINDSEY there have been suggestions, and I do across America. GRAHAM; it is tough when we have got not have any studies to back it up, that I also rise in support of this con- too many Grahams running around. racial and ethnic minorities have been ference report, because it helps the Se- In fairness to the gentleman, I should particularly abused along those lines. cret Service continue its work on be- suggest that with respect to providing I would suggest we have struck a bal- half of missing children. Nearly a dec- for de novo reviews of downward depar- ance here. ade ago, Congress authorized the U.S. tures, that will apply to all Federal of- Mr. HASTINGS of Florida. Mr. Secret Service to participate in a fenses, and the gentleman will remem- Speaker, I yield myself such time as I multi-agency task force with the pur- ber the King v. United States case, the may consume. pose of providing resources, expertise, Rodney King incident where, for exam- I would make the comment that the and other assistance to local law en- ple, the Congressional Black Caucus hope would be that we do not chill the forcement agencies and the National was very concerned and issued a letter Federal judiciary with departure re- Center for Missing and Exploited Chil- suggesting that we provide this de novo strictions. I think it would be a mis- dren in cases involving missing and ex- review; so I think we have got the best take on our behalf. ploited children. of both worlds. Mr. Speaker, I am pleased to yield 3 This began a strong partnership be- Mr. HASTINGS of Florida. Mr. minutes to my good friend, the gen- tween the Secret Service and the Na- Speaker, I would urge my good friend tleman from Texas (Mr. LAMPSON), a tional Center for Missing and Exploited from Florida, and he is my good friend, gentleman who has been and continues Children and resulted in the Secret to take into consideration when we to be a stalwart in the way of providing Service providing critical forensic sup- decry downward departures that the for the AMBER Alert, a leader in this port, including polygraph examina- people that are on the firing line, the regard. tions, handwriting examinations, fin- Article III judges, make those depar- Mr. LAMPSON. Mr. Speaker, I thank gerprint research and identification, tures after very careful consideration. the gentleman for yielding me the age progressions and regressions, and time. audio and video enhancements to the b 1100 I want to rise in support of this con- National Center for Missing and Ex- Having served in that branch of gov- ference report, and certainly to thank ploited Children and to local law en- ernment at one point and being an op- all of the people who have worked on forcement in numerous missing chil- ponent, as almost universally the Fed- it: the gentleman from Wisconsin dren’s cases. They have indeed made eral judges were, of mandatory sen- (Chairman SENSENBRENNER) and the significant differences. tencing and sentencing guidelines, it is gentleman from Texas (Mr. FROST), for However, there is a clear need to pro- not to be taken lightly. bringing the legislation; the gentle- vide explicit statutory jurisdiction to I agree with the gentleman that the woman from Washington (Ms. DUNN) on the Secret Service to continue this fo- appellate review is more than nec- the AMBER Alert itself; and looking rensic and investigative support upon

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K10AP7.013 H10PT1 April 10, 2003 CONGRESSIONAL RECORD — HOUSE H3063 request of local law enforcement or the step towards reliable, accurate, and timely diciary, to the House leadership, and to National Center for Missing and Ex- criminal record checks for volunteer organi- my coauthor of the AMBER Alert, the ploited Children. The Secret Service zations. MENTOR urges Congress to support gentleman from Texas (Mr. FROST), for and promptly enact the criminal background working together, for joining together amendment, which was adopted and is check provisions included in the PROTECT part of the S. 151 conference report, Act Conference report. to make our work on AMBER Alert a will do just that. Yours truly, reality. I want to conclude and say, support GAIL MANZA, The AMBER Alert program will con- the conference report. With the help of Executive Director. tribute hugely to the safety and the the Secret Service, these organizations well-being of our Nation’s children. As will be able to continue their work. NATIONAL COUNCIL OF a mother of two sons and soon-to-be Mrs. MYRICK. Mr. Speaker, I yield YOUTH SPORTS, grandmother, I join with all the par- Stuart, FL, April 8, 2003. ents and the grandparents in appre- myself such time as I may consume. DEAR CONGRESSMAN SENSENBRENNER: On Mr. Speaker, I include for the behalf of the 38,000,000 boys and girls the Na- ciating how critical it is to have all RECORD two letters, one from the Na- tional Council of Youth Sports (NCYS) mem- communities have the access and the tional Mentoring Partnership and the bership represents, we extend a sincere full ability to protect their children other from the National Council of thank you for your commanding efforts to from kidnappers who seek to harm our Youth Sports, in support of this bill. press forward on the issue of background little ones. The letters referred to are as follows: checks for volunteers. The NCYS proudly ac- To date, AMBER Alert has been cred- cepts being one of three organizations that MENTOR/NATIONAL ited with the safe recovery of 53 chil- will participate in the eighteen-month pilot MENTORING PARTNERSHIP, dren. We know the AMBER Alert sys- project, within the Amber Alert bill, where- Alexandria, VA, April 10, 2003. tem works by allowing communities to by 100,000 background checks (33,000 each) Hon. JIM SENSENBRENNER, will be performed by the FBI. tap into the resources of an educated House Committee on the Judiciary, Rayburn We are grateful to each and every one of public, to prepare local law enforce- House Office Building, Washington, DC. you for taking the first step in this vital ment, and engage the media in reunit- DEAR CHAIRMAN SENSENBRENNER: MEN- child safety initiative. This is just the begin- ing children with their loving families. TOR/National Mentoring Partnership is ning, there is so much more that needs to be The media and an educated public, pleased to note that the Conference report of done. As we move forward we will want to for example, were absolutely critical in the ‘‘Prosecutorial Remedies and Other work together to better understand some of the safe return of Elizabeth Smart to Tools to End the Exploitation of Children the concerns. For example, while an $18 fee Today Act of 2003’’ includes provisions to im- her family a few weeks ago. President for a background check may sound reason- Bush showed very strong and early sup- prove volunteer organizations’ access to able and be acceptable in more affluent com- criminal background checks on prospective munities, an $18 fee in the economically dis- port for our bill last year; and thanks volunteers. MENTOR commends the Con- advantaged areas is unaffordable and will to his good sense, he took the first ferees for including these critical provisions, leave our children unprotected from con- steps by providing grants to States and which are a step towards helping mentoring victed sexual abusers. The underprivileged localities to help establish local and other volunteer organizations effectively economic areas are often our most vulner- AMBER Alert programs. screen out those individuals who may harm able programs allowing the predators to prey It is now time for Congress to codify rather than help a child. on the weakest. Therefore, it is not only our Volunteer organizations that serve vulner- the AMBER Alert. We need to provide desire but also our fundamental responsi- additional funding. We need to provide able populations—namely children, the el- bility to realize out determined goal for free, derly, and individuals with disabilities—re- additional oversight to empower every easily acceptable background checks regard- single State and community with the quire access to accurate, timely, and com- less of one’s economic circumstances. plete criminal background checks. If a back- The NCYS is a very strong and powerful tools and the resources to react quick- ground check does not meet these criteria, a group. A sampling of our membership con- ly to child abductions and bring these human service organization could unwit- sists of the national organizations of Little children safely home to the arms of tingly hire or engage as a volunteer a person League Baseball, Pop Warner Football/Little their parents. with a dangerous criminal past—such as Scholars, American Youth Soccer Organiza- I applaud the leadership and the com- child or elder abuse, molestation or rape, or tions, Boys & Girls Clubs of America, Ama- mitment of both the House and Senate a host of other offenses—to care for their cli- teur Athletic Union, etc. We are prepared to entele. That puts children and other vulner- conferees for moving this bill through mobilize our grassroots millions and move the legislative process so quickly so able people needlessly at risk. our public relations vehicles forward to se- This is a vital issue for mentoring pro- cure a meaningful, sound and effective piece that it can arrive on the President’s grams throughout the nation because the of child safety legislation for reliable and desk before the Easter break. All of us current system is simply not functioning. To rapid background checks with one national should be proud for enacting a law that get a nationwide check under current law, a database that is federally funded so that our will help prevent crimes against our volunteer organization must apply through innocent children will be protected from most vulnerable citizens, our children. their state agency. While a few states are re- abuse and sexual victimization. I urge my colleagues to support this sponsive to these requests, in the majority of In the meantime, we are very anxious to important legislation. the states it is exceedingly difficult and begin the process through this pilot project. Mr. HASTINGS of Florida. Mr. often impossible to obtain a nationwide We look forward to working closely together Speaker, I am very pleased to yield 2 check. Many states have not authorized an as we all engage in a conscientious manner agency to handle background check requests, to provide our children the protection they minutes to my good friend, the gentle- or interpret federal law so narrowly that deserve while living in America’s neighbor- woman from Ohio (Mrs. JONES), who very few human service organizations are hoods that are safe and secure from con- was formerly a member of the Ohio ju- deemed eligible to apply for the checks. victed predators. diciary. When a nationwide check can be performed, Respectfully, Mrs. JONES of Ohio. Mr. Speaker, I it is often prohibitively expensive and time- SALLY S. CUNNINGHAM, would like to thank the gentleman for consuming. Executive Director. yielding time to me. The Conference report for the PROTECT Mr. Speaker, I yield 4 minutes to the It is not often that we have the op- Act includes a study that will assess the na- tionwide and state criminal background gentlewoman from Washington (Ms. portunity to use our prior experience check system, and make recommendations DUNN), the author of the AMBER Alert to discuss a piece of legislation. For on how to ensure that human service organi- system. those who are not aware, I was a judge zations can promptly and affordably conduct Ms. DUNN. Mr. Speaker, I thank the for 10 years in Cuyahoga County, Ohio, these important checks. The Conference re- gentlewoman for yielding time to me. handling cases not only dealing with port also establishes a pilot program to test On behalf of The Ed Smart family, civil matters but also cases where the out two possible methods of streamlining ac- the Polly Klaas Foundation, the Na- death penalty could in fact be imposed. cess to nationwide criminal record checks. tional Center for Missing and Exploited I am the former district attorney for The pilot program will enable mentoring or- Children, and the thousands of families Cuyahoga County, Ohio, where I pros- ganizations to receive nationwide checks and still searching for their missing chil- protect children while a reliable solution to ecuted cases with a staff of 180 lawyers this problem is found. dren, I rise today to express my grati- for 8 years, and now I get to the third MENTOR, which serves over 4,000 men- tude to the gentleman from Wisconsin branch of government, the legislative. toring programs throughout the country, be- (Chairman SENSENBRENNER), to the I recognize that often in response to lieves that these provisions are an important members of the Committee on the Ju- incidents or occurrences we want to

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K10AP7.016 H10PT1 H3064 CONGRESSIONAL RECORD — HOUSE April 10, 2003 jump up and pass legislation that we velop AMBER training and to develop job training, access to education, and think will have a deterrent impact. But education programs to upgrade the child care. These tools are critical to I say to Members, as one who has not emergency alert system. As we have allowing women to get back on their only enforced the law but has been re- witnessed, AMBER Alert has worked to feet and to be able to support their quired to impose sentences, that a re- bring children home safely. children in a home that is free from vi- sponse of placing another mandatory I wanted to share one example of olence. And we are also then able to sentence on the books of these United where this alert has worked well. That get children out of homes where they States is not the appropriate response. is the case with Nicole Timmons of may have been the victims and or wit- Judges need discretion. Judges need Riverside, California, in my State. The nesses of abuse. the opportunity to assess the facts, alert was not only delivered through- Now, it is essential that we not only look at the law, and impose the appro- out California, but luckily, the neigh- pass this bill, but that we have appro- priate sentence. boring State of Nevada also ran the priate the $30 million provided in this I support AMBER Alert. I wish that alert. As a consequence, an alert driver legislation for transitional housing. in the many cases that I had and I noticed that Nicole matched the de- The women and children of this coun- prosecuted for 8 years that we had an scription. He thus, within the first few try deserve nothing less, and I urge my AMBER Alert system; and I am con- hours, contacted authorities. She was colleagues to votes ‘‘yes’’ on this con- fident that many more young people returned safely to her parents. ference report. across the country would have in fact The point here is that they say three Mrs. MYRICK. Mr. Speaker, I yield 3 been returned to their families had we out of every four children who are mur- minutes to the gentleman from Texas had the system. I am 100 percent in dered by their abductors are killed in (Mr. SMITH). support. I speak out in favor of it. the first 3 hours. That is why speed is Mr. SMITH of Texas. Mr. Speaker, I Let me talk about something else: of the essence. That is why a nation- eliminating pretrial release. There is thank the gentlewoman for yielding me wide system is needed to ensure that time. in our country a presumption of inno- neighboring States and communities cence. Most recently, we have seen so Mr. Speaker, this conference report will be able to coordinate when an ab- contains several important provisions many people who as a result of DNA ductor is traveling with a child to examination have been taken out of that protect the most vulnerable other parts of the country. among us, that is, our children. prisons across this country. To elimi- We need an organized national effort nate a pretrial release again takes One of those provisions is an amend- so abducted children transported ment I offered to the bill, which was away the discretion of a judge who has across State lines can be returned to an opportunity to look at the facts and approved by a vote of 406 to 15. That their parents, to their families, as 53 provision addresses the Supreme Court circumstances and ought to be able to have been safely in California and determine whether or not a person decision in Ashcroft v. Free Speech Co- other States that have now adopted the should be released on pretrial release. alition, which held that the Federal AMBER Alert system. Finally, let me speak on the Three law to combat computer-generated por- Mr. Speaker, I thank all of those who Strikes and You are Out. The fact is, in nography was too broad. have worked to make certain that this many instances across this country The overturning of this law to com- where we have imposed Three Strikes legislation becomes law. bat child pornography has emboldened and You are Out, we have young men Mr. HASTINGS of Florida. Mr. those who abuse children. A General and women who are imprisoned on of- Speaker, I am very pleased to yield 2 Accounting Office report just 2 weeks fenses, and the third strike may have minutes to the gentlewoman from Illi- ago found that in the wake of the Su- been the least serious of the three, or nois (Ms. SCHAKOWSKY). preme Court decision, child pornog- two, and they are in jail for life. b 1115 raphers are now increasing their pres- I do not take lightly offenses that Ms. SCHAKOWSKY. Mr. Speaker, I ence on the Internet and are engaging people commit, and I have imposed as a thank the gentleman for yielding me in their depraved actions with relative judge punishment on some of the most time. ease. serious offenses. But we have to keep Mr. Speaker, I rise today to talk The Internet has proved a useful tool in mind the need to have judicial dis- about one particular provision that I for pedophiles and sex predators as cretion, the need to look across the am very pleased to say has been in- they distribute child pornography, en- country at families whose lives have cluded in this conference report, gage in sexually explicit conversations been destroyed forever because people though there are several others I with children, and hunt for victims in are placed in jail. strongly support and others about chatrooms. Unfortunately, the new Most recently, there was a study that which I have already expressed my con- playground for child pornographers is was released that talks about the sig- the Internet. nificant number of African Americans cern. Section 611 establishes a program for Mr. Speaker, every parent should be in prison across the country, and in ad- concerned about what their children dition, the significant number of Amer- transitional housing assistance for vic- see and do on line. We need to protect icans, regardless of their race or color, tims of domestic violence and sexual our children. If this legislation be- that are in jail. Let us think about assault. My colleague from the other comes law, child pornographers will be mandatory sentences. Let us support body, the senior Senator from deterred or prosecuted. I hope my col- AMBER Alert, but keep in mind, we all Vermont, and I have introduced com- leagues will again vote to reduce child believe in rights. panion legislation establishing a tran- Mrs. MYRICK. Mr. Speaker, I yield 2 sitional housing grant program. Today, pornography on the Internet and sup- minutes to the gentleman from Cali- I want to acknowledge and thank the port this legislation. fornia (Mr. ROYCE). Senator for working so hard to success- Mr. HASTINGS of Florida. Mr. Mr. ROYCE. Mr. Speaker, I thank the fully get the language from these bills Speaker, I yield myself such time as I gentlewoman for yielding time to me. included in the conference report. may consume. Mr. Speaker, I am pleased to see that We are trying to protect children Mr. Speaker, several measures are this conference report for this crime from violence. The AMBER Alert sys- brought to the attention of the body, bill came back to the floor so quickly. tem is certainly one way to do it, but and specifically they are now known as Let me say as a cosponsor of this legis- unfortunately, children are exposed to the Feeney amendment. I may be able lation that this bill includes some very violence in their own homes. The tran- to add a little clarity by putting for- important provisions that will help sitional housing program is often the ward that the bill, the bill as it is pres- States and will help the Bush adminis- link between emergency housing and a ently before us, that this particular tration to continue their efforts to ex- victim’s ability to become self-suffi- rule is contemplating, establishes de pand and improve the AMBER Alert cient. novo appellate review of departures, system. Transitional housing not only pro- prohibits downward departure on re- As we know, last fall the President vides a roof and a bed, but it offers sup- mands based on new grounds, requires provided a total of $10 million to de- portive services, such as counseling, government motion for extra one-level

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K10AP7.017 H10PT1 April 10, 2003 CONGRESSIONAL RECORD — HOUSE H3065 adjustment based on extraordinary ac- PROTECT Act of 2003. It contains the cases. It prohibits aberrant behavior ceptance of responsibility, and pro- best ideas to prevent and punish sexual departures in child and sex cases. It hibits the Commission from ever alter- predation against our American chil- prohibits family ties departures in ing this amendment. dren. child and sex cases. And one that is It chills departure by imposing more First and foremost, it establishes particularly troubling, because I saw burdensome reporting requirements on that nationwide AMBER Alert system this case in my past responsibilities, it judges who depart, and gives the De- to help States deploy child abduction prohibits diminished capacity depar- partment of Justice access to Commis- warning networks all across this coun- tures in child and sex cases. sion data files that identify each try. But rather than simply helping Everything is not as cut and dried as judge’s departure practices. And it re- local authorities rescue abducted chil- we would have it be, and I urge Mem- quires the Department of Justice to re- dren, this legislation will toughen the bers, while supporting AMBER Alert, port downward departures to Judiciary law to make abductions and abuse less to be mindful that we are supporting a Committees, unless within 90 days the common in the first place. number of provisions that would be ad- Attorney General reports to Congress It establishes a two-strikes-and- dressed by the court system for some on new regulations for opposing and you’re-out policy for child sex offend- time to come. appealing downward departures. ers, ensuring habitual predators will Ms. JACKSON-LEE of Texas. Mr. Speaker, Our colleague, the ranking member not be tolerated in our communities. It I rise in opposition to H. Res. 188, the Rule of the Committee on Rules, the gen- allows judges to extend court-super- governing debate on S. 151, the Prosecutorial tleman from Texas (Mr. FROST), as well vised release for sex offenders, so after Remedies and Other Tools to end the exploi- as our colleague on the other side of they have finished their time in prison, tation of Children Today Act of 2003, also the aisle, the gentlewoman from Wash- authorities will be able to keep close known as the PROTECT Act. ington (Ms. DUNN), and many Members tabs on these dangerous individuals. I oppose this rule because this should be a of this body have worked very hard to This bill will add child abuse and child clean AMBER Alert bill, and I oppose the ex- ensure that we have the AMBER Alert, torture to the legal predicate for first traneous provisions in the Conference Report. which has proved itself to be more than degree murder. It increases the penalty The unnecessary provisions do more than useful in our society for a very, very for sexual exploitation and trafficking delay the passage of an AMBER Alert bill. important and worthy cause. of children for kidnapping and other re- Many of the provisions violate the Constitu- That said, it is unfortunate that in lated atrocities. tional principles that are the backbone of our this particular measure for AMBER In addition to supporting this land- government. Provisions like the Feeney provi- Alert, some ill-conceived, maybe un- mark legislation, Mr. Speaker, I also sions that establish rigid sentencing guidelines constitutional, very restrictive meas- rise to commend my friend from Wis- and strips federal judges of their discretion to ures have been put forward in the sub- consin (Mr. SENSENBRENNER), for his make fair sentencing determinations. The Feeney provisions establish separate stantive bill. determination to do this job right. This With that, I would urge Members to departure standards for child-related offenses is the most comprehensive child pro- pay particular caution to the rule and sex offenses that must be followed by dis- tection legislation the House has ever itself, and when they examine voting trict courts. The provisions also prohibit sen- considered, and we have one man to for AMBER Alert, to be mindful that tencing departures for gambling dependence, thank for it, and that is the gentleman there are a number of provisions that aberrant behavior, family ties, and diminished from Wisconsin (Mr. SENSENBRENNER). they are voting for that are not just capacity in child and sex cases. The provi- Thanks to the gentleman, in the face covered by the headline, but are cov- sions limit age and physical impairment depar- of a sensational public debate that de- ered by the rights of individuals in our tures in child and sex cases. manded immediate action, House Re- society and the rights of the members These provisions are a slap in the face to of the judiciary who have a firsthand publicans stood up for America’s kids, Article III, which grants federal judges, not opportunity to make a determination not the television cameras. He knew Members of Congress, the power of the judici- as to what should be done in the way of that this legislation must be based on ary. This is another example of the Congress sentencing. good ideas and good law, not P.R. He inappropriately attempting to interfere in the When I served in the judiciary, one of knew that we needed to reform the operation of our judicial system. Congress the things that I was proud of was exer- criminal code and send a very clear should legislate and leave judicial decision cising discretion in a meaningful man- message that the United States will making, like prison sentences to the courts. ner, and I always tried to err on the not tolerate the abuse of our children. Also troubling is the ‘‘virtual’’ child pornog- side of reconstructing families. I think His bill takes crimes against children raphy provision that labels, ‘‘a digital image, this legislation is prohibitive in many very seriously. It will prevent crimes computer image, or computer-generated respects. And I think no less an author- against children and punish those who image that is, or is indistinguishable from, that ity than Associate Justice Antonin commit them. So, Mr. Speaker, the of a minor engaging in sexually explicit con- Scalia, in his remarks very recently, gentleman has stood like a rock in the duct.’’ This provision contradicts the Majority said to us that mandatory sentencing middle of a political and media storm. opinion of the Supreme Court of the United can and, in fact, has led to an increase America’s children will be safer when States, who found that legislative attempts to in the significant number of persons in this bill becomes law and thousands of include computer-generated images involving our society, 2 million now in America, them whose names we will never know no real children in the definition of pornog- that are in prison. will owe their lives to the gentleman. raphy are overboard, a violation of the First We make these laws and we talk all I thank the gentleman, and I urge Amendment right to free speech, and there- the time about unfunded mandates, our colleagues to support the con- fore, unconstitutional. and we make these laws without fully ference report and this rule. These provisions violate the Constitution realizing the implications as to what Mr. HASTINGS of Florida. Mr. and distract our attention from the most impor- may transpire once they are made. The Speaker, I yield myself such time as I tant element of the Conference Report: the Federal judiciary will be impacted by may consume. AMBER Alert System. The AMBER Alert sys- what we do in the name of something Mr. Speaker, most respectfully, the tem is a program supported by members of that is the right thing to do, AMBER majority leader’s comments are taken both parties in both Chambers of Congress, Alert. not lightly by any of us. But I would not to mention every American citizen. Despite Mr. Speaker, I reserve the balance of urge that we understand that this law this almost universal support of AMBER Alert, my time. that we are passing establishes new the Conference Report has been bogged Mrs. MYRICK. Mr. Speaker, I yield separate departure procedures and down with extraneous, unconstitutional such time as he may consume to the standards for child-related offenses and amendments. gentleman from Texas (Mr. DELAY), sex offenses. Permissible departures I am stunned that so many members of the majority leader. are those that the Commission specifi- Congress have stubbornly demanded Amend- Mr. DELAY. Mr. Speaker, I thank the cally enumerates. It limits age and ments to what should be a clean AMBER Alert gentlewoman for yielding me time. physical impairment departures in bill. By so doing they postpone the establish- Mr. Speaker, I rise in support of this child and sex cases. It prohibits gam- ment of a national AMBER Alert system and rule and the conference report on the bling dependence in child and sex put the lives of America’s children at risk.

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K10AP7.019 H10PT1 H3066 CONGRESSIONAL RECORD — HOUSE April 10, 2003 For this reason, Mr. Speaker, I oppose H. every possible tool to prevent abduc- lent criminal to repeat their offenses Res. 188. tions in the first place, and when an against children. This number demands Mr. Speaker, I yield back the balance abduction occurs, to recover a missing attention, especially in light of the of my time. child quickly and safely, and to ensure fact that a single child molester on av- Mrs. MYRICK. Mr. Speaker, I yield that the criminal receives sure and erage shatters the lives of over 100 chil- back the balance of my time, and I swift justice, including an appropriate dren. move the previous question on the res- sentence in prison. Under this legislation, sexual preda- olution. The overarching goal of this com- tors will no longer slip through the The previous question was ordered. prehensive package is to stop those cracks of the system and harm other The resolution was agreed to. who prey on children before they can children. To this end, the legislation A motion to reconsider was laid upon harm children. This is accomplished by provides a 20-year mandatory min- the table. destroying the illicit markets that en- imum sentence of imprisonment for Mr. SENSENBRENNER. Mr. Speak- courage exploitation and abduction of non-familial abductions of a child er, pursuant to House Resolution 188, I children, strengthening penalties to re- under the age of 18, lifetime super- call up the conference report on the flect the seriousness of these crimes, vision for sex offenders, and mandatory Senate bill (S. 151) to amend title 18, halting repeat offenders, and enhancing life imprisonment for second-time of- United States Code, with respect to the law enforcement agencies to effectively fenders. The compromise legislation re- sexual exploitation of children, and ask prevent, investigate and prosecute stricts the opportunity for pretrial re- for its immediate consideration. crimes against children. lease for crimes of child abduction and The Clerk read the title of the Senate For instance, this legislation re- sex offenses and extends the statutes of bill. sponds to the April 16, 2002, Supreme limitation. The SPEAKER pro tempore. Pursu- Court decision in Ashcroft v. The Free Finally, this conference report con- ant to House Resolution 186, the con- Speech Coalition that struck down a tains provisions to address the long- ference report is considered read. 1996 law written to combat computer- standing and growing problem of down- (For conference report and state- generated pornography. As the presi- ward departures from the Federal sen- ment, see proceedings of the House of dent for the National Center for Miss- tencing guidelines. Outrageously, be- April 9, 2003, at page H2950.) ing and Exploited Children stated, tween 1996 and 2001, U.S. courts have The SPEAKER pro tempore. The gen- ‘‘The Court’s decision will result in the lowered the sentences of one out of tleman from Wisconsin (Mr. SENSEN- proliferation of child pornography in every five of those convicted of sexu- BRENNER) and the gentleman from Vir- America unlike anything we have seen ally abusing a child or sexually ex- ginia (Mr. SCOTT), each will control 30 in more than 20 years.’’ ploiting a child through child pornog- minutes. Congress has an obligation to prevent raphy. The Chair recognizes the gentleman the resurgence of the child pornog- Strong sentencing is an essential component in any effort to fight crimes from Wisconsin (Mr. SENSENBRENNER). raphy market. This conference report against children. All of our efforts in GENERAL LEAVE will help do so by amending the defini- this bill and in previous anticrime Mr. SENSENBRENNER. Mr. Speak- tion of computer-generated child por- nography so that it will withstand a measures are fruitless if, at the end of er, I ask unanimous consent that all the day, judges are permitted to give Members may have 5 legislative days constitutional challenge. Additionally, the conference report offenders a slap on the wrist, which is within which to revise and extend their exactly what is happening today with remarks and include extraneous mate- provides strong support to recover ab- ducted children quickly and safely increased frequency. rial on the conference report for S. 151. I am proud of the efforts of the con- through a prompt and effective public The SPEAKER pro tempore. Is there ferees to quickly send this legislation alert system. Such a system can be the objection to the request of the gen- to the President. It was a fair and open difference between the life and death tleman from Wisconsin? process, and the exhaustive negotia- for that child. There was no objection. tions yielded extensive changes to the To accomplish this, the conference Mr. SENSENBRENNER. Mr. Speak- base text of the legislation that passed report codifies the AMBER Alert pro- er, I yield myself such time as I may the House. Most of these changes were gram currently in place in the Depart- consume. made to accommodate the concerns of ments of Justice and Transportation, Mr. Speaker, this conference report my colleagues in the minority party, and authorizes increased funding to contains provisions of H.R. 1104, the both in the Senate and in the House. Child Abduction Protection Act, which help States deploy a child abduction I am extremely proud of the extraor- overwhelmingly passed the House 410 communication warning network. dinary effort my now-weary staff ex- to 14 less than 2 weeks ago, and the While our goal must always be to pre- pended to help craft this conference re- provisions of S. 151, the PROTECT Act vent the abduction of the child before port and to get to it the floor today. I of 2003, which passed the other body 84 it occurs, our communities should also would like to extend special thanks to to nothing on February 24. have an effective and responsive Sean McLaughlin, Will Moschella, Beth AMBER Alert system to assist in the b 1130 Sokul, Jay Apperson and Katy Crooks quick and safe return of the kidnapped of the Committee on the Judiciary Over the last several days, during the child. staff. Their dedication is greatly appre- course of lengthy staff meetings and an I am happy to report that this com- ciated. open, working meeting of conferees, we promise legislation doubles the author- The bottom line is that this com- have worked diligently to resolve dif- ized funding for the National Center for prehensive legislative package will ferences between the House and the Missing and Exploited Children, the crack down on child abductors, build Senate. I believe we were successful in Nation’s resource center for child pro- and expand on the work of the National crafting a bipartisan conference report tection, to $20 million a year through Center for Missing and Exploited Chil- that recognizes a comprehensive effort 2005. The center assists in the recovery dren, give Federal authorities addi- is needed to better protect children. In of missing children and raises public tional tools to prevent and solve these order to accomplish this, the legisla- awareness of ways to protect children horrific crimes, and provide meaning- tion includes provisions to help prevent from abduction, molestation, and sex- ful sentencing reform for all crimes. I crimes against children, to assist in ual exploitation. urge my colleagues to protect Amer- the safe recovery of abducted children, Another vital component in the ef- ica’s children from the worst predators to enhance the investigations and pros- fort to protect children are strong laws in our society by supporting this bipar- ecutions of these crimes, and to ensure that hold the criminal accountable. tisan child protection legislation. that the offenders are held accountable Those who abduct children are often Mr. Speaker, I reserve the balance of and unable to repeat these crimes. serial offenders who have already been my time. An abducted child is a parent’s worst convicted of similar offenses. Sex of- Mr. SCOTT of Virginia. Mr. Speaker, nightmare. We must assure that law fenders and child molesters are four I yield myself such time as I may con- enforcement in our communities have times more likely than any other vio- sume.

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A10AP7.055 H10PT1 April 10, 2003 CONGRESSIONAL RECORD — HOUSE H3067 (Mr. SCOTT of Virginia asked and The bill also provides for a new wire- are pleased to see that some of the more of- was given permission to revise and ex- tap authority in many of these cases fensive provisions of this amendment were tend his remarks, and include extra- including consensual sex and including modified in conference, we continue to be- neous material.) some of the activities that do not even lieve that this provision would fundamen- Mr. SCOTT of Virginia. Mr. Speaker, tally alter the carefully crafted and balanced constitute a crime, and in some of system established by the Sentencing Re- the conference report before us started those crime cases, bail may be denied form Act, without any of the customary out as an effort to quickly pass during trial. safeguards of the legislative process. Indeed, AMBER Alert, a bipartisan non- Of course, we are supposed to expect to the extent the amendment would give controversial provision which had al- that prosecutors will ignore the law to prosecutors a unique and absolute power to ready passed the Senate. I am a co- carry mandatory minimum terms and check the discretion of sentencing judges, it sponsor of the House version of the not bring those cases. The reason we would have an unsettling effect on the con- AMBER Alert so I am anxious to see have mandatory minimums in the first stitutional balance of power. that it be passed because it has been place is because judges cannot be trust- The Feeney amendment would legisla- actually shown to help children. It will ed to determine who should be sen- tively overrule a decision of the United codify a program of grants and assist- States Supreme Court, United States v. tenced to life and who should be sen- Koon, 518 U.S. 81 (1996), and amend central ance to States and localities to estab- tenced to less, so we give everybody a provisions of the Sentencing Reform Act of lish a national communications system life sentence. So our prisons are filled 1984. It would void numerous sections of the so that abducted children can be saved. with people today who are serving time Federal Sentencing Guidelines, and, for the As the gentleman from Wisconsin because they were convicted of just first time, amend the Guidelines by direct pointed out, that system works. tangential involvement in somebody legislation. It would preclude the exercise of However, the bill now before us is else’s drug trade and end up serving judicial discretion in certain cases, and loaded down with an array of crime more time than bank robbers. make judicial departures in all cases subject sound-bite provisions that make the We should let the sentencing com- to de novo appellate review. It would impose AMBER Alert bill just an afterthought mission and judges determine the ap- very troublesome reporting and oversight re- in the legislation. The bill that has quirements on judges that will certainly propriate sentences. Mandatory sen- have a chilling effect on judicial independ- gone through the conference process, tences have been criticized because ence, and discourage the imposition of just some provisions have been improved, they often require sentences which vio- sentences in many cases. some have been made worse; but I am late common sense in some cases, and Should Congress enact the Feeney amend- unable to support the conference report that is why the Chief Justice of the Su- ment, all these dramatic changes would be at this time. preme Court is a frequent critic. Not accomplished through a House floor amend- Mr. Speaker, the bill retains egre- only do we mandate numerous manda- ment to an unrelated bill, adopted without gious provisions that expand the Fed- tory minimums without regard to what committee hearings by either the House or eral criminal laws into areas tradition- the individual circumstances of the the Senate, or the benefit of consultation ally left to State criminal laws. It ex- with the U.S. Sentencing Commission, the case might be, but one amendment, the federal judiciary, or the organized Bar. pands the death penalty, despite the Feeney amendment, reduces the discre- fact that almost 70 percent of death The Feeney amendment is evidently a re- tion of the sentencing commission and sponse to the perception that judges have en- penalties imposed in the United States judges to robot-like conformity with- gaged in widespread abuses of their depar- are found to be erroneous and the fact out regard to how the sentence com- ture power following the Supreme Court’s that over 100 people sentenced to death pares to equally serious offenses, nor Koon decision in 1996. Based on the Sen- in the last 10 years have been subse- does it recognize that circumstances tencing Commission’s statistics, I believe quently shown to be innocent. can vary from one case to another. there are reasons to doubt the accuracy of 250 Members of the House, many sup- There was a dramatic effort to fix this portrayal. portive of the death penalty, have that amendment, representing a brand- Although sentences below the guideline sponsored the Innocence Protection range are now more common that in the new version at the conference com- early days of guidelines sentencing, the pri- Act to provide reasonable assurances mittee meeting, but it was ineffectual, that fewer innocent people will be put mary responsibility for this result lies with as well as rife with errors. In just a the Department of Justice. In FY 2001, of to death. So we should certainly not be cursory reading of that amendment, 19,416 downward departures awarded federal adding more death penalties before this which was first seen by some of us at defendants, approximately 15,318 came on act passes. the meeting itself, it became clear that government motion. Put another way, in There are numerous provisions in the it had several major unintended ef- 2001, 79 percent of downward departures in bill that create new mandatory min- the United States were requested by the fects. For example, it removed consid- imum sentences, including the base- Government. eration in sentencing for exemplary ball-based sound byte, ‘‘two strikes and Similarly, although the rate of non-sub- military service. Another bizarre ex- you’re out,’’ which mandates life with- stantial assistance departures has increased change occurred in which we were told out parole for a second-offense require- since the Koon decision, the vast majority of that the word ‘‘and’’ actually meant that increase is attributable to the fact that ment involving a minor. The offenses ‘‘or’’ and it did not matter whether you the number of departures in the five ‘’fast- covered by that provision fortunately had ‘‘and’’ or ‘‘or.’’ I do not know when track’’ border districts more than tripled, have been limited through the con- the change took place, but the version from 1871 to 1996, to 5928 in 2001. In short, the ference report process by eliminating before us now has the word ‘‘or’’ in- increased rate of non-substantial assistance some of the minor offenses involving a departures since Koon is due primarily to re- minor child, but it still includes as a stead of ‘‘and.’’ Nevertheless the quests for such departures by the Depart- child sex offense some consensual acts amendment still reduces the judge’s ment of Justice. between teenagers. ability to make the punishment fit the The foregoing figures do not, of course, The bill also adds a 5-year mandatory crime. present the whole picture. The percentage of minimum for first offense crimes that Most cases are sentenced within the judicially initiated departures has increased are Federal crimes only because a per- sentencing guidelines range; and ac- somewhat since Koon. It may well be that cording to the American Bar Associa- some judicially initiated departures are in- son crosses State lines, such as when appropriate and that some action to curb in- an 18-year-old and a 17-year-old con- tion, 79 percent of the departures from the guidelines are agreed to by the appropriate judicial departures should be spire to cross State lines from Wash- considered. However, it would seem advis- ington, D.C., to Virginia to have con- prosecution. I would like to insert the able to determine the nature and extent of sensual sex. Just to show my col- letter from the ABA into the RECORD any problem with judicial departure power leagues how bizarre that provision is, if at this point. before legislating a virtual end to that children are conspiring to cross from AMERICAN BAR ASSOCIATION, power. As Senator Hatch wisely observed Virginia to Washington, D.C., to have Chicago, IL, April 9, 2003. some years ago: ‘‘[C]ongressional policy DEAR SENATOR: I write on behalf of the makers must take advantage of the most sex, it would not be a child sex offense, American Bar Association to express deep current and complete information available and that is because consensual sex out- concern about the Feeney amendment, which when making legislative decisions. Whenever side of marriage is not a crime in has been incorporated in the conference re- possible, Congress should call upon those Washington, D.C., while it is in Vir- port to accompany S. 151, legislation to ban with relevant empirical research, encour- ginia. ‘‘virtual’’ child pornography. Although we aging those most knowledgeable of and most

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K10AP7.023 H10PT1 H3068 CONGRESSIONAL RECORD — HOUSE April 10, 2003 involved with the guidelines—judges, pros- legislature’s role in establishing Federal sen- all federal offenses; not just those relating to ecutors, practitioners and the Commission— tencing policy. If passed, the Feeney Amend- child abduction. Because this provision over- to express their views.’’ ment would alter core features of Federal rules a key Supreme Court decision and con- I am informed that the U.S. Sentencing criminal sentencing and appellate practice. stitutes a dramatic encroachment on the ju- Commission is even now in the midst of a Yet the Amendment has never been the sub- diciary, it is opposed not only by civil rights study of judicial departures in white-collar ject of a hearing in either the House or Sen- organizations across the board, but also by crime. Would it not be prudent to direct the ate, and neither house has had the benefit of Supreme Court Chief Justice Rehnquist, the Commission to extend that study to depar- meaningful consultation with any of the in- Federal Judicial Conference, the Federal tures generally and report promptly to Con- stitutions most affected by the Amendment. Sentencing Commission, the American Bar gress on its results? (I understand that the The American Bar Association is firmly Association, the Federal Bar Association as General Accounting Office has also under- committed to the maintenance of a just and well as countless law professors, prosecutors taken a study of departures, at the request of effective Federal sentencing system. I am and public defenders. the House Judiciary Committee.) Such a confident that you and your colleagues will The potential impact of this provision on congressional directive could also instruct give the Feeney Amendment the careful the African American community and on the Commission to develop proposals to ad- scrutiny it requires. I am hopeful that such ethnic minority American communities dress any deficiencies revealed by the study. scrutiny will lead you to oppose the Feeney throughout the nation is almost incompre- Once armed with full information, Congress Amendment and to support a careful study hensible. Racial bias in our nation’s criminal could determine the true nature and extent of judicial departures by the Sentencing justice system is widespread and well docu- of any problem, and could, if necessary, craft Commission. . . . mented. For example, according to reports an appropriate, measured legislative re- The bill before us defiantly enacts from the US Department of Justice and the sponse to any deficiencies in departure prac- laws prohibiting such acts as what is US Department of Health and Human Serv- tice left unaddressed by the Commission. ices, people of color commit drug offenses at The American Bar Association is confident called ‘‘virtual child pornography.’’ The United States Supreme Court gave a rate proportional to our percentage of the that a period for study of current departure US population, roughly 25% for African practice would not only yield a more accu- us a bright-line test to determine Americans and Hispanic Americans com- rate picture of any problems that may exist, whether or not computer-generated im- bined. Yet almost 75% of the people charged but could not fail to produce a better solu- ages can constitute illegal child por- in this nation with a drug offense are either tion than the Feeney Amendment. nography. The Court said that if the Hispanic or African American. The Sentencing Reform Act of 1984 created image is not otherwise obscene it must The impact this racial bias has on our a system of distributed authority that was involve real children in the production communities is devastating. According to designed to ensure fair, predictable sen- the US Department of Justice report issued tences for defendants convicted in federal to be illegal. Pornography which was produced without real children under just last week, an alarming 12% of all Afri- court. As contemplated by the Act itself, the can American men between the ages of 20 Guidelines drafted by the Sentencing Com- the Ashcroft case is not illegal. and 34 are in jail or in prison. One out of mission and approved by Congress channel In a direct violation of that case, this every three black men born in the United judicial sentencing discretion, but they do bill prohibits such images, whether or States will spend time behind bars in their not eliminate it. This system reflects two not it was produced with real children, lifetime. truths about the process of making sen- unless the defendant can prove his in- The federal prison system now holds over tencing rules. First, no set of rules can an- nocence. 160,000 inmates, more than any single state ticipate the circumstances of every indi- The Court, of course, dealt with that prison system. Furthermore, the federal pris- vidual defendant. Accordingly, if justice is to issue and said that we could not re- on population has more than quadrupled in be done, judges must retain the flexibility to quire a defendant in an American judi- the last 20 years for mostly non-violent of- determine that some defendants do not fit fenses even while the rate of incarceration the mold envisioned by the Commission. Sec- cial court to prove his innocence, so that provision is clearly unconstitu- has actually slowed in many states. Under ond, the departure power is a means of pro- Title IV, the growth rate is predicted to be viding feedback from judges to the Sen- tional. staggering. tencing Commission and Congress. By study- Mr. Speaker, we have a number of I hope that you will consider the far-reach- ing departure patterns, the Commission can problems with this case, including the ing impact this legislation will have on indi- identify those guideline rules that judges are mandatory minimums. I just want to vidual lives as well as whole communities consistently finding to be inappropriate for point out that the Chief Justice of the and even our nation. I urge you again to op- certain classes of defendants. United States Supreme Court, United pose the final conference report unless Title In the Sentencing Reform Act, Congress States Judicial Conference, the Sen- IV is eliminated or at least amended to ad- conferred upon Federal judges the power to dress only child abduction cases. depart whenever ‘‘there exists an aggra- tencing Commission, the American Bar Association, the Federal Bar Associa- Thank you in advance for your attention vating or mitigating circumstance of a kind, to this matter. If you have any questions, I or to a degree, not adequately taken into tion, the Leadership Conference on hope that you will feel free to contact me at consideration by the Sentencing Commission Civil Rights, the Washington Legal (202) 638–2269. in formulating the guidelines’’ in the ena- Foundation, the CATO Institute, and a Sincerely, bling legislation that created the U.S. Sen- host of other sentencing and judicial HILARY O. SHELTON, tencing Commission, 18 U.S.C. § 3553(b). The system experts have pleaded with Con- Director. Feeney Amendment is inconsistent with the original judgment of Congress about the ne- gress not to impair the ability of Mr. Speaker, for those reasons we cessity and value of a guided departure courts to impose just and responsible should vote against this report and power and the important role of judges in sentences. send the measure back to committee Federal sentencing. If passed, the Amend- I would ask also that a letter from for serious consideration. Many of the ment would severely compromise critical in- the NAACP also be inserted into the problems can be fixed if we would seri- stitutional features of the Federal sen- RECORD at this point. tencing system. ously consider the bill in a regular de- NATIONAL ASSOCIATION FOR THE By curtailing and burdening judicial depar- liberative legislative process. ture authority, the Feeney Amendment ADVANCEMENT OF COLORED PEOPLE, So I urge my colleagues not to vote strikes a blow at judicial independence and Washington, DC, April 10, 2003. on the conference report, and I reserve Re NAACP opposition to S. 151, the ‘‘Child sends an unmistakable message that Con- the balance of my time. Abduction Prevention Act of 2003.’’ gress does not trust the judgment of the Mr. SENSENBRENNER. Mr. Speak- judges it has confirmed to office. Members, er, I yield 4 minutes to my colleague, By overriding the Sentencing Commission House of Representatives, and legislatively rewriting the Guidelines, Washington, DC. the gentleman from Wisconsin (Mr. the Feeney Amendment threatens the legit- DEAR REPRESENTATIVE: On behalf of the GREEN). imacy of the Commission. The Commission National Association for the Advancement of Mr. GREEN of Wisconsin. Mr. Speak- was created by Congress to ensure that im- Colored People (NAACP), the nation’s oldest, er, I thank the gentleman for yielding portant decisions about Federal sentencing largest and most widely-recognized grass to me. were made intelligently, dispassionately, roots civil rights organization, I am writing The gentleman from Virginia and I and, so far as possible, uninfluenced by tran- to urge you to oppose the conference report must be looking at different legisla- sient political considerations. Congress to S. 151, the ‘‘Child Abduction Prevention should accord the Commission and its proc- Act of 2003’’ in its current form. tion. In my view, this is a proud mo- esses some deference unless and until the While the issue of child abduction is a seri- ment for the House. Commission has demonstrably failed in its ous, heart-wrenching and too often tragic duties. issue that deserves to be dealt with aggres- b 1145 By bypassing the deliberative processes of sively at a federal level, Title IV of the final Congress itself, the Feeney Amendment re- bill would radically limit federal judicial dis- It is a proud moment for the Com- flects a profoundly troubling disregard of the cretion to impose just sentences for almost mittee on the Judiciary. I know it is a

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A10AP7.012 H10PT1 April 10, 2003 CONGRESSIONAL RECORD — HOUSE H3069 proud moment for me personally. I (Ms. JACKSON-LEE of Texas asked sponsibility and prohibits the Commis- came to Congress with the hope of hav- and was given permission to revise and sion from even altering this amend- ing moments like this. extend her remarks). ment. There are so many great provisions Ms. JACKSON-LEE of Texas. Mr. What we are doing with this legisla- and parts to this comprehensive legis- Speaker, I thank the distinguished gen- tion is not having long hearings about lation. I will focus on just three, the tleman from Virginia for yielding me interfering with the judicial discretion; three that I was most involved with, this time. we are just writing legislation without number one, what is the so-called the Mr. Speaker, I think it is important hearing from our judges or knowing ‘‘two strikes and you’re out’’ for child to clear the record and make it very how it will be impacted. molesters provision. With respect to clear that all of us are committed to One thing we value is the independ- Federal sex crimes against kids, it says fighting against the predatory acts of ence of our court system. We may not very simply that if you have been ar- those who would do harm and injure agree with what the Supreme Court rested and convicted of a serious sex our children. renders, I may not agree with their de- crime against kids, and when you get I believe there was unanimous joy in cision on affirmative action or pre- out, you do it yet again, you are going America and in this body when Eliza- vious decisions, but the court will have to go to prison for the rest of your life. beth Smart was returned to her family. ruled. I will have to find other ways to No more chances, no more questions I said just a few minutes ago on this address the question. and, Lord willing, no more victims. floor that it was because of an AMBER Here we are dealing with these courts Secondly, it contains lifetime super- Alert-type system, her younger sister, and not having full vetted hearings and vision for Federal sex offenders. We and the many community friends who listening to the courts themselves. hear from judges again and again that were alert when they began to hear in- It establishes de novo review of all there are criminals that go through formation. So collectively, as neigh- downward departures in all cases. Re- their courts that they believe should bors, we can, in fact, enforce against quires the Department of Justice to re- have supervision for a long time. They those predators the laws of the land port downward departures to the Com- are dangerous. They will do it again. and protect our children. mittee on the Judiciary unless, within Current law only allows them to order My record on this floor has been con- 90 days, the AG reports to Congress of 5 years. This gives them the discretion, sistently supporting laws to protect new regulations. It gives the Justice it does not mandate it, it givers them our children. Why? Because I have seen Department access to Sentencing Com- the discretion for lifetime monitoring. the pain of families who have lost their mission files on each judge’s departure And third, there are some provisions little babies, staying with the family of practices in all cases. from the Debbie Smith Act, which I Laura Ayala in my community, and That is absolute intimidation of the have authored, along with the gentle- wanting her to be found and recog- court. That is absolute intimidation of woman from New York (Mrs. MALONEY) nizing the need for the community to our Federal judges. That is absolute in- and Senator BIDEN from the other come together. So there are parts of timidation of our Judiciary, for which body. This allows Federal prosecutors this legislation that I support. we pay taxes, not allowing them the to issue indictments against sex crimi- I am glad that we are supporting the discretion that is necessary to be fair nals based upon DNA gathered at the National Center for Missing Children. I in the courthouse. crime scene. would hope that we could have done The one thing we believe in is a due Mr. Speaker, this is an institution more. I have legislation to create a sep- process system. And so here we have which all too often uses superlatives arate DNA bank for sexual predators this provision that addresses all sen- and all too often overstates the value against children. My law enforcement tencing, not just limited to sexual of legislation, but this bill, with its officials in Harris County say that if crimes against children and the unfair- AMBER Alert provisions with respect there is such a bank, when there are al- ness of the process. to responding to crimes and bringing legations of sexual acts against chil- I am reminded of the tragedy with back victims safe and sound, is a won- dren, the police can go to one, single Elizabeth Smart. If my colleagues will derful thing. database and know that these are at recall, there was a gentleman incarcer- With respect to the DNA-John Doe least convicted sexual predators ated that seemingly had all of the ten- indictment provisions, which will allow against children and quickly assess dencies to be the perpetrator. He died us to prosecute crimes more effi- whether any of these individuals were in jail. We have now come to find out, ciently, more quickly, to get these in the area of this missing or molested at least allegedly so, that there was an- guys off the street, it is a better bill for child. other perpetrator. Just imagine if he that reason. For its ‘‘two strikes and So there are a lot of things that this had lived, we had not found Elizabeth you’re out’’ provisions, which will body can do. Smart, and he went to trial. These are allow us to lock up predators once and But, Mr. Speaker, I believe that the the kinds of potential injustices that for all, so they cannot do it yet again American people are respectful of the will occur when the Federal courts are and again, for those reasons, it is a laws and the Constitution. They know in fear of their life because they have wonderful, historic bill. the value of having what we call Arti- pressure from this place to put certain We are taking a bold step today. I cle III courts, Federal courts, with the sentencing in place. agree. This is historic legislation. The appropriate discretion to be able to Mr. Speaker, let me say in closing majority leader referred to this as the make decisions in the courtroom about that this bill has a lot of bad aspects to most comprehensive child safety legis- sentencing of individuals under the it. It did not have to be so. We could lation that this body has ever taken sentencing guidelines that are worked have done a good job, and I wish we had up. I have not been around long through the Federal Judiciary and the done so. enough; I will trust him on that. But U.S. Sentencing Commission. Mr. SENSENBRENNER. Mr. Speak- what I can say from my experience, I Why did we have to add this to a bill er, I yield myself such time as I may can say that we can all say proudly that deals with the question of pro- consume. today, to policymakers, to law enforce- tecting children? This is a direct in- Mr. Speaker, the gentlewoman from ment, to victims, to everyday families, sert, a direct hammer, a direct axe to Texas asked why we have to have re- we can say proudly today, We fight the direction of the courts. It directs strictions on downward departures, and back. And that is something that we the Sentencing Commission to amend I will give her one example. can all be very proud of. guidelines to ensure that the incidence In the case of the United States v. I urge ‘‘yes’’ votes. Let us send a of downward departures is substan- Robert Parish, a defendant who was strong signal. Let us pass this bill tially reduced. It means that that convicted of possession of child pornog- today. judge who is listening to the case can- raphy. He was in possession of 1,300 im- Mr. SCOTT of Virginia. Mr. Speaker, not go up, maybe cannot go down in ages of child pornography, some of I yield 5 minutes to the gentlewoman terms of sentencing. It requires that a which depicted graphic violent sexual from Texas (Ms. JACKSON-LEE) a mem- prosecutor approve a downward depar- exploitation of very young children. He ber of the Committee on the Judiciary. ture on extraordinary acceptance of re- got a downward departure.

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K10AP7.026 H10PT1 H3070 CONGRESSIONAL RECORD — HOUSE April 10, 2003 The majority of those 1,300 child por- upon the court’s consideration of miti- sentences. We need to reexamine these sen- nography images which he possessed gating facts. Such a reduction for miti- tences so that justice can finally be done in depicted adolescent girls, including one gating factors may be appropriate in this difficult, painful case. Only then can we in which a very young girl, wearing a other circumstances.’’ begin to put this behind us. In other words, Mr. Speaker, we did Sincerely, dog collar around her neck, is having Maxine Waters; Sanford Bishop; Eddie sexual intercourse with an adult male. not ask for a change in the law, we just Bernice Johnson; Floyd H. Flake; Al- The defendant was also in the midst of asked for a review consistent with the bert R. Wynn; Carrie P. Meek; Eva M. communicating on line with a 15-year- law. This bill changes the law, changes Clayton; Major R. Owens; Walter Tuck- old female high school student when, the standard for review. What the Con- er; William Clay; Charles B. Rangel; thankfully, he was arrested. gressional Black Caucus asked for was William J. Jefferson. Now, what happened when he was just a review under the current law. James E. Clyburn; Earl Hilliard; Bennie convicted? The sentencing guidelines Mr. Speaker, I submit for the RECORD M. Thompson; Cleo Fields; Cynthia the letter just referred to by the gen- McKinney; John Lewis; Corrine Brown; have a range of 33 to 41 months impris- Donald M. Payne; Alcee Hastings; onment for a conviction of those tleman from Wisconsin from the Con- Kweisi Mfume; Louis Stokes; Melvin L. crimes. The trial court gave him 8 gressional Black Caucus. Watt; Ronald V. Dellums. months. The trial court found that the CONGRESS OF THE UNITED STATES, Mr. Speaker, could you advise how defendant’s conduct was outside the HOUSE OF REPRESENTATIVES, much time remains on both sides? typical heartland of these types of Washington, DC, August 6, 1993. The SPEAKER pro tempore (Mr. cases, and that the defendant was sus- Hon. JANET RENO, Attorney General, Department of Justice, Wash- LAHOOD). The gentleman from Virginia ceptible to abuse in prison. The trial 1 ington, DC. (Mr. SCOTT) has 16 ⁄2 minutes remaining court felt that the combination of fac- DEAR ATTORNEY GENERAL RENO: As mem- and the gentleman from Wisconsin (Mr. tors, including the defendant’s ‘‘stat- bers of the Congressional Black Caucus, we SENSENBRENNER) has 151⁄2 minutes re- ure,’’ ‘‘demeanor,’’ ‘‘naivete,’’ and the are writing to you because of our concern maining. nature of the offense justified the de- about the sentencing of Officer Laurence Mr. SCOTT of Virginia. Mr. Speaker, parture from the minimum of 33 Powell and Sergeant Stacey Koon by Judge I reserve the balance of my time. months in the guidelines to just 8 John Davies in the Rodney King civil rights Mr. SENSENBRENNER. Mr. Speak- months. case. We are troubled that the sentence for the er, I yield myself such time as I may This is why we have the restriction crime was reduced to 30 months upon the consume. on downward departures for sex crimes court’s consideration of mitigating facts. Mr. Speaker, I have the letter that in this bill. Such a reduction for mitigating factors may the members of the Congressional Now, I am a bit puzzled that the gen- be appropriate in other circumstances. How- Black Caucus sent to Attorney General tlewoman from Texas (Ms. JACKSON- ever, we feel that the defendants’ special sta- Janet Reno on August 6, and while LEE) is complaining about the fact that tus as police officers, with special duties they did not ask for a change in the we provide for a de novo review of owed to the public, should have militated law, what they did ask was for the Jus- downward departures for all crimes, against such a significant reduction. As you well know, the maximum possible tice Department to appeal the sen- not just crimes against children, but penalty was ten years and fines of up to tence. all crimes. When this legislation was $250,000. Your federal prosecutors were ask- Now, what happened in the Stacey originally debated on March 27, she ing for seven to nine years. Our federal sen- Koon case is that the Court of Appeals voted in favor of it, and I introduced in tencing guidelines recommended minimum agreed with the Justice Department the CONGRESSIONAL RECORD a letter sentences in a range of four to seven years in and established de novo review. Mr. signed by a majority of the members of prison. Koon’s lawyer appealed to the Supreme the Congressional Black Caucus who Instead, Judge John Davies made broad use Court, and the Supreme Court reversed of subjective factors. He stated that he read were in office at the time asking the only letters addressed to him from the the Court of Appeals and established Clinton Justice Department, headed by friends and families of Officer Powell and the abuse of discretion standard. Attorney General Janet Reno, to seek Sergeant Koon. He argued that much of the Now, what this legislation does is to a de novo review of the downward de- violence visited on Rodney King was justi- establish the de novo review standard parture that the trial judge gave to fied by King’s own actions. However, these for all crimes should there be a review Stacey Koon, who is the police officer officers were convicted on charges of vio- of the sentence on appeal. who was convicted of violating the lating Rodney King’s civil rights. We believe Mr. Speaker, I submit for the RECORD civil rights of Rodney King. these mitigating factors did not justify so the letter dated August 6, 1993 from Fortunately, that passed and that is large a reduction given the defendants’ spe- members of the Congressional Black cial responsibilities as police officers. included in this legislation. What we In addition, Judge Davies did not afford Caucus. are doing in this legislation on de novo proper weight to the racist comments made CONGRESS OF THE UNITED STATES, review is exactly what the next speak- over police radio by those convicted on the HOUSE OF REPRESENTATIVES, er, the gentlewoman from California night of the beating in discounting race as a Washington, DC, August 6, 1993. (Ms. WATERS), and those who cosigned motivation for the beating. He similarly Hon. JANET RENO, this letter, asked the Clinton Justice failed to take into account the remarkable Attorney General, Department of Justice, Wash- Department to do. lack of remorse shown by Officer Powell and ington, DC. Sergeant Koon since their conviction. DEAR ATTORNEY GENERAL RENO: As mem- Now, unfortunately, the Supreme People of good will all over this country bers of the Congressional Black Caucus, we Court of the United States, in the case and of all races were heartened when Officer are writing to you because of our concern of Koon v. United States, decided that Powell and Sergeant Koon were convicted by about the sentencing of Officer Laurence there could only be a review on appeal a jury of their peers, a verdict made possible Powell and Sergeant Stacey Koon by Judge of a departure from the sentencing by the Justice Department’s resolve to file John Davies in the Rodney King civil rights guidelines based upon abuse of discre- civil rights charges and by the phenomenal case. tion by the trial judge. We overturn performance of federal prosecutors. With We are troubled that the sentence for the crime was reduced to 30 months upon the that part of the Koon v. U.S. ruling and these severely reduced sentences, however, we are sending a mixed message. Are police court’s consideration of mitigating facts. allow for de novo review on appeal. officers going to be held responsible for ex- Such a reduction for mitigating factors may Sometimes, maybe, if you ask for cessive use of force or not? be appropriate in other circumstances. How- something too much, you might get it. We think what has been lost, in all this, is ever, we feel that the defendants’ special sta- Mr. Speaker, I reserve the balance of that police officers have an enhanced respon- tus as police officers, with special duties my time. sibility to uphold the law. owed to the public, should have militated Mr. SCOTT of Virginia. Mr. Speaker, Notwithstanding Judge Davies’ authority against such a significant reduction. I yield myself such time as I may con- to modify the sentencing guidelines, most As you well know, the maximum possible penalty was ten years and fines of up to sume to read just one paragraph of the experts agreed that the minimum four to seven years sentence should have been fol- $250,000. Your federal prosecutors were ask- letter the gentleman from Wisconsin lowed in this case. ing for seven to nine years. Our federal sen- just referred to. We realize that the trial judge is afforded tencing guidelines recommended minimum ‘‘We are troubled that the sentence sufficient latitude in sentencing, but we urge sentences in a range of four to seven years in for the crime was reduced to 30 months the Department of Justice to appeal these prison.

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K10AP7.027 H10PT1 April 10, 2003 CONGRESSIONAL RECORD — HOUSE H3071 Instead, Judge John Davies made broad use load up the bill with everything that lic relations challenges to move mean- of subjective factors. He stated that he read they think will create certain kinds of ingful legislation for our kids through only letters addressed to him from the problems so that it can be used for po- this body. friends and families of Officer Powell and litical reasons. There will be a lot of I also rise humbly to thank conferees Sergeant Koon. He argued that much of the for including language known as the violence visited on Rodney King was justi- Members who will be intimidated, and fied by King’s own actions. However, these they will vote for this bill even though Truth in Domain Names language in officers were convicted on charges of vio- they are opposed to mandatory min- the conference report which I authored lating Rodney King’s civil rights. We believe imum sentencing because they do not in the last Congress and again in this. these mitigating factors did not justify so want to be accused of being against a Mr. Speaker, the very moment this large a reduction given the defendants’ spe- bill that will deal with the problems of conference report becomes law, not cial responsibilities as police officers. abduction of our children. only will our children become safer In addition, Judge Davies did not afford Well, we must point out what is from predators, but the Internet will proper weight to the racist comments made over police radio by those convicted on the going on and we must focus in on this become safer for our children, families, night of the beating in discounting race as a business of mandatory minimum sen- and teachers. As millions of Americans motivation for the beating. He similarly tencing. Every judge that I know of in do every night, I help my kids with failed to take into account the remarkable the country and all of the Federal their homework. As we surf the Web lack of remorse shown by Officer Powell and judges, whether they are on the left or for useful information about history or Sergeant Koon since their conviction. the right, disagree with mandatory government or science, my kids with People of good will all over this country minimum sentencing. They do not like the most innocent intentions will type and of all races were heartened when Officer Powell and Sergeant Koon were convicted by it. It takes away their discretion. It in domain names which are harmless, a jury of their peers, a verdict made possible does not allow them to take into con- but what pops up are sites with smut, by the Justice Department’s resolve to file sideration all of the mitigating factors, profanity and pornography; and there civil rights charges and by the phenomenal and so we continue to overrule the was no law on the books to prevent performance of federal prosecutors. With judges that go through awesome proc- that until today. With the Truth in Do- these severely reduced sentences, however, esses to get where they are by insert- main Names language in this legisla- we are sending a mixed message. Are police ing mandatory minimum sentencing tion, we render those Web sites illegal; officers going to be held responsible for ex- into legislation. It has wreaked havoc and anyone who uses a misleading do- cessive use of force or not? We think what has been lost, in all this, is on some communities. main name on the Internet to deceive a that police officers have an enhanced respon- As a matter of fact, when we take a person into viewing material consti- sibility to uphold the law. look at the mandatory minimum sen- tuting obscenity can face fines of up to Notwithstanding Judge Davies’ authority tencing done because of some of the 2 years in prison; and if they mislead to modify the sentencing guidelines, most drug laws that we have created right children, they can face 4 years in pris- experts agreed that the minimum four to here on this floor, Members will see on. The minute the President signs this seven years sentence should have been fol- that whole communities have been dev- bill, using a misleading domain name lowed in this case. We realize that the trial judge is afforded astated, and we are beginning to get a with the intent to deceive a child will sufficient latitude in sentencing, but we urge turnaround on some of that. become a criminal act. the Department of Justice to appeal these Mr. Speaker, we have young people 18 Mr. Speaker, this historic legislation sentences. We need to reexamine these sen- and 19 years old under mandatory min- will make our children measurably tences so that justice can finally be done in imum sentencing, drug laws, who are safer from those who would prey on this difficult, painful case. Only then can we doing not just a minimum 5 years but them. Also, Congress can today make begin to put this behind us. even more, simply because the judge playing on the information super- Sincerely, had no discretion. A child, first-time highway much safer for our kids, and Maxine Waters; Sanford Bishop; Eddie Bernice Johnson; Floyd H. Flake; Al- offense, with some of these drug laws, so they should. I urge my colleagues to bert R. Wynn; Carrie P. Meek; Eva M. coming from good families who happen strongly support this conference re- Clayton; Major R. Owens; Walter Tuck- to makes a mistake, wrong place, port. er; William Clay; Charles B. Rangel; wrong time, and we have something Mr. SCOTT of Virginia. Mr. Speaker, William J. Jefferson. similar in this legislation between con- I yield 3 minutes to the gentleman James E. Clyburn; Earl Hilliard; Bennie senting young people, 18 and 17 years from North Dakota (Mr. POMEROY). M. Thompson; Cleo Fields; Cynthia old who would cross a State line and Mr. POMEROY. Mr. Speaker, there McKinney; John Lewis; Corrine Brown; have consensual sex, they would be at are two aspects to this bill which I Donald M. Payne; Alcee Hastings; think have very strong merit, and I am Kweisi Mfume; Louis Stokes; Melvin L. risk for mandatory minimum sen- Watt; Ronald V. Dellums. tencing. very pleased that they have been in- cluded; and I enjoyed working with the Mr. Speaker, I reserve the balance of We do not want to do that. This is gentleman from Wisconsin (Mr. SEN- my time. not honest. If we want a clean bill that deals with abductions and an AMBER SENBRENNER) in getting them into the b 1200 Alert, do that. Take this other mess now-final conference report. Mr. SCOTT of Virginia. Mr. Speaker, out of the bill and stop trying to use it The first is the Victims of Child I yield myself such time as I may con- as a political vehicle by which to judge Abuse Act now amended into the bill sume. some people in their elections. and now part of this final conference Mr. Speaker, I would like to point Mr. SENSENBRENNER. Mr. Speak- agreement that would reauthorize this out that the Congressional Black Cau- er, I yield 3 minutes to the gentleman important legislation initially author- cus did not complain about the Su- from Indiana (Mr. PENCE). ized in 1992. The thrust of this legisla- preme Court reinstating the law as it Mr. PENCE. Mr. Speaker, I thank the tion is to authorize training and tech- was. gentleman for yielding me this time. nical assistance to programs to im- Mr. Speaker, I yield 3 minutes to the Mr. Speaker, I rise today with a prove the prosecution of child abuse gentlewoman from California (Ms. WA- heart filled with gratitude, not just as cases. This funding flows to centers TERS), a member of the Committee on a congressman, but as a parent of three and programs that provide training for the Judiciary. small children for the efforts of the law enforcement agencies, for prosecu- Ms. WATERS. Mr. Speaker, I rise in conferees in developing this historic tors and local jurisdictions to help opposition to this legislation. I rise in child protection legislation. This will them establish comprehensive, inter- opposition to the legislation because save lives. disciplinary approaches to the inves- this is one of those bills that could I would particularly like to single tigation and prosecution of child abuse have been a clean bill dealing with out the courageous and tenacious and cases. AMBER Alert. It could have been a bill dogged efforts of the chairman of the As we move the AMBER Alert re- to deal with the problem of abduction Committee on the Judiciary, the gen- sponse forward, we have to also think of our children. tleman from Wisconsin (Mr. SENSEN- about what happens following the joy- However, some Members of this body BRENNER), for the gentleman’s commit- ous reunion of a recovered kidnap vic- have taken this as an opportunity to ment against, at times, withering pub- tim. There is a lot of healing that has

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A10AP7.004 H10PT1 H3072 CONGRESSIONAL RECORD — HOUSE April 10, 2003 to take place, special counseling for Ashcroft decision was clear. You can- pedophiles. After reviewing the conference re- the victims, and then a very special not prohibit child pornography, illegal port, I did not see any substantive alterations treatment required by prosecutors and child pornography unless real children or any elimination of these bad provisions, but law enforcement officials as they bring were involved. The provisions in this rather I noticed additional provisions that, the crime to punish the perpetrator, bill allow prosecution whether or not again, hurt the livelihood of innocent individ- but do not want to further punish the real children are involved. The Court uals and legal acts. For those reasons, Mr. victim who has already been through goes to great lengths to say whatever Speaker, I vote ‘‘NO’’ on final passage of the so much. problems there are in prosecution, it is conference report and I will further expound This legislation was initially au- a problem for the defense. And if no- on why I did so below. thored by the gentleman from Alabama body knows whether they are com- The PROTECT Act would expand the type (Mr. CRAMER), who continues to play a puter-generated or involving real chil- of homicide that can be punished by death. leadership role in this area; and I am dren, in that case they cannot success- This will would provide for this expansion, de- glad it is included. fully prosecute. They require real chil- spite the fact that more than half of death pen- I am also pleased the Child Obscenity dren to be involved in the production; alty cases are found to be erroneous. Cog- and Pornography Prevention Act has and without real children, it cannot be nizant of the disproportionate number of mi- been included in the legislation and is illegal. This statute plainly on its face norities being sentenced to death yearly, and now part of the conference agreement. violates that Supreme Court decision the high number of erroneous rulings by the This puts back on our books legislation and is unconstitutional. court system, I am very reluctant to support banning computer-generated child por- Mr. Speaker, I hope we can send this such a provision. nography. As Members may recall, back to committee, improve some of Furthermore, I am not a proponent of man- there was a Supreme Court case that the provisions, and pass the AMBER datory minimum sentencing guidelines be- found an earlier statute to be overly Alert bill like we should. But in its cause they undermine and eliminate judicial broad. Well, we have looked very care- present condition, I hope we will reject discretion in individual cases. Judges, under fully at the ruling of the Supreme the conference report with a ‘‘no’’ vote. the provision, are unable to impose a lesser Court. We do not challenge it. We try Mr. Speaker, I yield back the balance sentence after considering the circumstances and follow the direction that they lay of my time. surrounding a given case. There should not be out to craft a statute that they will Mr. SENSENBRENNER. Mr. Speak- a one-size-fits-all sentencing structure when find constitutional. We have tightened er, I yield myself such time as I may judges are determining incarceration of a the definitions of inappropriate com- consume. human being. puter-generated child pornography, and Mr. Speaker, this vote is going to be This bill would increase certain mandatory we respond to the directions of pros- the end of a long period where the pro- minimum sentences for many sexual abuse ecutors in trying to prosecute those visions of this legislation were care- crimes. For example, for child abduction cases who traffic in child pornography with fully considered in the Committee on current law consists of a minimum of 51–63 other provisions as well. We make it il- the Judiciary in the House and in the months in jail. This bill increases the minimum legal for an adult to use child pornog- other body. The compromise that was to 121–151 months in jail. Judges engage in raphy, sending child pornography over reached by the conferees is a good com- numerous cases regarding sexual abduction the Internet in order to lure children promise. It will make a difference to and have more experience and expertise in to inappropriate activity. We draw a protect children. It will give parents of those cases than we do. Therefore, we should per se prohibition on the depiction of abducted children the comfort of know- not second-guess their decisions on whether explicit sex between young children. ing that those who have harmed their to impose a sentence that is more lenient. Mr. Speaker, we think that this leg- children are going to be dealt with seri- They see the defendant and victim, they hear islation is going to make a very impor- ously, as well as setting up the machin- the arguments and testimony, and hence, we tant contribution to our efforts to stop ery to alert the public and the news should show deference to their rulings. those who want to traffic in child por- media as well as the police to try to Similar to the mandatory minimum provi- nography. I urge its adoption. find an abducted child and return that sions, this bill also provides for a ‘‘two strikes Mr. SCOTT of Virginia. Mr. Speaker, child home to his or her parents. and you’re out’’ section that creates a manda- I yield myself such time as I may con- This is legislation that deserves all of tory life sentence for sexual offenders that sume. our support. I ask for an ‘‘aye’’ vote on have been convicted more than once. This Mr. Speaker, I am frequently asked this conference report. I hope that the provision negates a judges discretion and abil- what we can do to repeal some of the other body will act quickly and that ity to impose just sentences. Currently, there mandatory minimum sentences which the President of the United States can is no such law that provides for mandatory im- frequently impose bizarre, Draconian, sign this legislation very promptly be- prisonment for life after being convicted of a and unreasonable sentences. Some- cause our children will be better pro- sex crime. times these requests come from rel- tected as a result. Under this report, if an individual commits a atives or friends of people, women Ms. KILPATRICK. Mr. Speaker, It is vital sex crime and is jailed, subsequent to that whose boyfriends deal drugs, and the that we implement AMBER Alert systems, not person’s release, he or she will be supervised young lady does not deal drugs, does just in our local communities, but nationwide. for life. The statute of limitations regarding not use drugs, but she is around the Our efforts to crack down on child abductors these crimes will be voided and an individual boyfriend enough so that there is no and abusers will be fruitless if we cannot tran- can be supervised for his entire life. Not only question, she probably broke the law, scend state borders quickly enough to catch will it be difficult for these persons to find em- took a message, drove a car to a meet- these vicious criminals. I am in full support of ployment or social acceptance after such a ing, so prosecutors can show she was a national system that will provide for such co- conviction, but this bill will also allow them to involved, but not involved to the point ordination. In the conference report, we have be followed and observed day-to-day. where she ought to serve 20-some just that, a provision that provides for a nation- Another bad provision that was added in years, more than bank robbers serve. wide alert system that is cost-effective and conference has been coined the ‘‘crack-house When they ask what they can do technologically savvy. That is, however, not statute amendments’’. Essentially, this provi- about these kinds of Draconian sen- the only provision in this bill, Mr. Speaker. sion will make legitimate businesses the victim tences, I tell them the first thing they There are many provisions in this bill that, of felony charges if they cannot guarantee a have to do to repeal the existing man- while attempting to deter these criminals from drug free property or business. This provision datory minimums is to stop passing committing such heinous acts, infringe upon was intended to eliminate the many detri- new ones. Today we are going to pass a the livelihoods of many innocent individuals mental effects of ‘‘rave’’ parties that allegedly new set of mandatory minimum sen- and prohibit what would normally be harmless, expose drugs and drug usage to the minors tence laws. If anybody asks in the fu- legal acts. that are present. This provision permits gov- ture where these mandatory minimums I vote for the H.R. 1104, the House version ernment to narrow its focus to particular par- come from, Members can point to bills of this conference report in hopes that con- ties and social gatherings where drug usage is like the one today. ferees would come together and agree upon a allegedly prevalent and impose felony charges Finally, Mr. Speaker, a lot has been bill that would attack the key issue at hand, on the owners as a means to eradicating the said about the Ashcroft decision. The protecting our children from molesters and drug problem. Quite to the contrary, what it

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\K10AP7.031 H10PT1 April 10, 2003 CONGRESSIONAL RECORD — HOUSE H3073 will do is deter innocent, law-abiding property of our Government. Our Federal courts area from the 20th Congressional District of New owners and potentially lucrative sole propri- allocated the power to review the facts and York. Suzanne abruptly vanished on March 2, etors from investing in the community because law in a particular case and render a decision. 1998 from her life as a University of Albany of their inability to ensure a drug-free environ- The Federal judges that sit on our courts are college student. Although only 19 years old at ment. This provision is bad for community and hand-picked for the legal acumen and wisdom, the time of her disappearance, police did not economic development and does not guar- and we defer to their experience in rendering immediately act after her parents reported her antee that these ‘‘raves’’ will cease to exist, or sentencing decisions. missing. The common practice of state and that drugs will not be readily available to It is improper for Congress to mandate that local law enforcement agencies is to impose a youth. Courts follow rigid sentencing guidelines. To 24-hour waiting period before accepting miss- In conclusion, Mr. Speaker, I am vehe- do so strips our federal judges of their discre- ing persons reports for individuals over the mently opposed to the conference agreement. tion to review the facts and extenuating cir- age of 18. It is often assumed that college It is anti-civil liberty and overreaching. Any at- cumstances of a particular case, and render a aged youth, as legal adults, disappear from tempt to provide strong protection for children decision based on the best interests of the ac- their own free will. Although this assumption is trumped by the unreasonable persistence of cused and the community. Members of Con- may have some anecdotal credibility, the majority to increase penalties for these gress are not members of the judicial branch. Suzanne’s case proves it is not a responsible cases. As I stated earlier, the court is experi- They are not privy to all of the information assumption. Time is of the essence when enced enough to decipher individual sex crime needed to make an informed sentencing deci- someone disappears. cases and impose the appropriate sentence. sion in any given case. The responsibility of Mr. Speaker, Suzanne’s Law would amend We should focus on the issue at hand—a sys- sentencing should be reserved for federal the Crime Control Act of 1990 to require each tem that is technologically apt enough to judges. Federal, State, and local law enforcement produce the type of nationwide coordination I also object to the provisions of the PRO- agency to immediately report missing children that we need to catch criminals. Thereafter, TECT Act that ban ‘‘virtual’’ child pornography. under the age of 21 to the Department of Jus- the courts will proceed as needed, on a case- The provision of the Conference Report to S. tice’s National Crime Information Center. The by-case basis. I support the need for an 151 violates the First Amendment and at- current requirement is only for those individ- AMBER Alert system, but I do not support the tempts to circumvent the Supreme Court’s rul- uals under 18 years of age. Such a change conference agreement in its entirety. ing in Ashcroft v. Free Speech Coalition, by would eliminate costly delays. It is certainly Ms. JACKSON-LEE of Texas. Mr. Speaker, claiming that ‘‘virtual’’ child pornography is ‘‘in- prudent to offer college-age youth, away from I rise in reluctant support of the Conference distinguishable’’ from actual images of sexual home and independent for the first time, the Report on S. 151, the Prosecutorial Remedies activity. additional resources and protections that come and Other Tools to end the Exploitation of The Majority of the Supreme Court has al- with the designation of ‘‘missing child.’’ This Children Today Act of 2003, or the PROTECT ready ruled in Ashcroft that extending the designation will also help open doors with or- Act. I support the Conference Report on S. reach of child pornography laws to computer- ganizations that sponsor ‘‘missing children’’ 151 reluctantly because while the Conference generated images that do not involve real chil- lists, but do not include individuals over 17 Report improves upon the AMBER Alert sys- dren was ‘‘overbroad and unconstitutional’’ years old. tem, it is does not provide us with a clean and violated the First Amendment. While com- Suzanne’s parents, Doug and Mary Lyall, AMBER Alert Bill. Moreover, many of the ex- puter-generated images of child sexual activity understand all too clearly the pain and confu- traneous provisions of the Conference Report may be objectionable to all of us, the Supreme sion experienced by the families and friends of violate the Constitutional principles of First Court has made clear that ‘‘the government missing children. They have courageously Amendment freedom of speech, and the sepa- may not suppress lawful speech as a means used their own loss to help others struggling rate judicial powers of our federal courts. to suppress unlawful speech.’’ The Court also with the disappearance of a loved one. The Conference Report on S. 151 has a ruled, ‘‘protected speech does not become un- As a result of their tireless activism, I first in- myriad of provisions that are unrelated to es- protected merely because it resembles the lat- troduced Suzanne’s Law during the 106th tablishing a national AMBER Alert System. I ter.’’ Congress. Mr. Chairman, I am pleased this firmly believe that all of the provisions dealing The provisions of the Conference Report legislation, along with the other valuable provi- with criminal justice matters should be de- are particularly controversial because they sions of the AMBER alert bill, will be voted on bated in separate legislation, and many of the deal with Constitutional liberties and personal today. I urge my colleagues to honor the provisions violate the Constitution. freedoms. The longer we debate Amendments Lyalls and support Suzanne’s Law. Perhaps For example, the sentencing guideline provi- like Mr. Feeney’s, the longer our country oper- with its passage, potential breakdowns in in- sions proposed by Mr. FEENEY have been the ates without a national AMBER Alert System. vestigations will be avoided and future college- subject of heated debate by the conference Every day that goes by without a national age disappearances will be taken seriously. members because they are at odds with the AMBER Alert system in place puts the lives of Mr. DELAHUNT. Mr. Speaker, I would like Constitution. Mr. FEENEY’s provisions impose children at risk. According to an October 2002 to be able to vote for this bill. It includes provi- limitations or prohibitions on federal district U.S. Department of Justice Report titled the sions that I strongly support—including the court judges’ discretion in sentencing. By so National Incidence Studies of Missing, Ab- ‘‘AMBER Alert’’ system that would aid in find- doing, Mr. FEENEY’s Amendment handcuffs ducted, Runaway, and Thrownaway Children ing missing children. But those children have federal judges and eliminates their judicial dis- (NISMART Report), 12,222 children were the been taken hostage by a bill that also includes cretion in imposing sentences. victims of traditional kidnappings in the year so-called ‘‘sentencing reforms’’—radical, The Feeney provisions establish separate 1999 alone. That amounts to approximately 33 sweeping changes to the Federal sentencing departure standards for child-related offenses children kidnapped nationwide per day. system that were never considered by any and sex offenses that must be followed by dis- While the members of the House debate ex- committee of either House. Provisions that trict courts. The provisions also prohibit sen- traneous amendments, hundreds of children would cause an explosion in the number of tencing departures for gambling dependence, are being kidnapped and murdered. As the people behind bars—including many who sim- aberrant behavior, family ties, and diminished Chair of the Congressional Children’s Caucus, ply do not belong there. capacity in child and sex cases. The provi- I strongly believe that the best way to save Just three days ago, the Justice Department sions limit age and physical impairment depar- children’s lives is to vote in support of the reported that the number of people living be- tures in child and sex cases. PROTECT Act, even if I do so reluctantly. hind bars in the United States had exceeded Mr. FEENEY’s provisions improperly interfere That is why, Mr. Speaker, I reluctantly vote two million for the first time in our history. Two with the sentencing process in cases that in favor of this bill. million. And included in that number is a stag- have left Federal district courts and are now Mr. SWEENEY. Mr. Speaker, I rise today to gering 12 percent of African-American men on appeal. The Amendment prohibits down- voice my support of AMBER alert bill, the aged 20 to 34. ward sentencing departures based on new Child Abduction Prevention Act. One of the If this bill is the congressional response to grounds when a case is remanded. It also provisions in this comprehensive legislation is that situation, the public may well conclude subjects district courts to de novo review of my own bill, H.R. 220—known as Suzanne’s that we have finally taken leave of our senses. their sentencing decisions. law. The inclusion of Suzanne’s Law will aid in The rate of incarceration in the U.S. is The provisions offered by Mr. FEENEY are the abduction investigations of college-aged seven times higher than that of such ad- an improper violation of the doctrine of sepa- children. vanced nations as Germany, Italy, and Den- ration of powers. Article III of our Constitution Mr. Speaker, this legislation was inspired by mark. A primary reason for this is that a large separates powers between the three branches Suzanne Lyall—an ambitious young woman number of our prisoners are serving long

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\CR\FM\A10AP7.080 H10PT1 H3074 CONGRESSIONAL RECORD — HOUSE April 10, 2003 terms for minor nonviolent offenses. And if this judge, but by the government itself. Of the operation with the U.S. Department of Justice. bill becomes law, there will be a lot more of nearly 20,000 downward departures granted in It is also the sole organization operating a 24- them. 2001, 79 percent were requested by the pros- hour, toll-free child pornography tip-line in co- Men in prison cannot raise families, cannot ecution—most in return for the cooperation of operation with the U.S. Customs Service and hold jobs, cannot pay taxes, and cannot sup- the defendant, and the rest in five Mexican the U.S. Postal Inspection Service. port the economy. And when they get out, border districts in which the government uses Mr. Speaker, it is clear that the National many who might have turned their lives departures to clear cases more quickly. Center for Missing and Exploited Children around will have become hardened criminals, If the sponsors of the bill have concerns does our country and our nation’s families a ready to return to the only life they know. Con- about the rate of downward departures, the great service in the fight to keep our nation’s servatives and liberals alike have recognized Justice department is where they should be children safe. I want to congratulate my col- that this situation poses a threat to the future making inquiries. As a former prosecutor, I leagues for quickly resolving the differences of our cities, our families, our economic well- can see plenty of reasons to question the between the House and Senate bills and I being, and the health of our democracy itself. overuse of departures as a law enforcement urge their support for final passage. Growing numbers of prominent conservatives tool. Mr. HONDA. Mr. Speaker, it is with a trou- have joined in calls for an end to mandatory Inf act, the one thing that pleases me about bled heart that I will be voting for the PRO- minimum sentences. Yet this bill takes a the language as it came out of conference is TECT Act today. The benefits of a national giant—and potentially catastrophic—step in that it instructs the Sentencing Commission to AMBER Alert network are undeniable, and I the wrong direction. review not just those downward departures cannot support any further delay on its imple- When Congress enacted the Sentencing that are initiated by the sentencing judge but mentation. However, I do not believe that this Reform Act of 1984, it created a system of all downward departures—whether requested Conference Report will make good law, and I guidelines for judges to follow. But Congress by the prosecution or the defense. I certainly fervently hope that Congress will soon repeal also recognized that no system of guidelines hope that in fulfilling the congressional man- the egregious provisions that have been in- can anticipate all of the facts and cir- date to review these departures and ensure cluded. Though the Conference Committee cumstances of a given case. And it wisely pre- that their incidence is ‘‘substantially reduced,’’ was able to moderate the bill somewhat, it is served sufficient flexibility to allow the judge to the Commission will do so in a thorough and still chock-full of what I considered to be bad depart from the guidelines when necessary. even-handed way. policy. Regardless of what one thinks of these This bill would substantially eliminate that Nevertheless, if there is a problem with de- provisions, they should have received inde- safety valve, barring judges from making partures, depriving judges of the ability to ex- pendent consideration and deliberation, rather ‘‘downward departures’’ in a large number of ercise discretion cannot be the answer. A than being tied to, and slowing down, a need cases—effectively transforming the federal rigid, mechanical system of sentences cannot as pressing as AMBER. guidelines into a system of mandatory min- do justice—either to the accused or to the so- I am particularly disturbed by the parts of this legislation that would eliminate judicial dis- imum sentences. ciety to which the millions we imprison today When Chief Justice Rehnquist learned of will one day return. cretion. For example, Section 109 of this this proposal, he wrote: ‘‘this legislation, is en- Mr. HOEKSTRA. Mr. Speaker, I speak in measure would fundamentally alter the care- acted, would do serious harm to the basic support of the conference report to S. 151, the fully crafted and balanced system established by the Sentencing Reform Act. It undermines structure of the sentencing guideline system PROTECT Act, which creates new and in- our independent judiciary, as well as the and would seriously impair the ability of courts creases already existing penalties for crimes United States Sentencing Commission. It is a to impose just and responsible sentences.’’ against children, as well as provides for the reversal of existing law that was inserted dur- Justice Rehnquist is certainly no liberal. But national coordination of the AMBER Alert com- ing floor debate, without committee hearings even his concerns have been brushed aside. munications network. An important provision in or any semblance of due deliberation. Unfortu- Similar opposition was expressed by the Ju- S. 151 doubles the authorization level for the nately, this is all to emblematic of how this bill dicial Conference of the United States, the National Center for Missing and Exploited Children (NCMEC), which serves as the na- has been handled in this body. American Bar Association, the Leadership Mr. Speaker, I will vote for this bill because tional resource center and clearinghouse to Conference on Civil Rights, the Washington it is well past time to pass an AMBER Alert aid missing and exploited children and their Legal Foundation, the Cato Institute and many network act, but instead of marking an unmiti- other groups and individuals. All to no avail. families. gated legislative achievement, the passage of The conference report also makes other It is true that during conference, a number this omnibus measure will be a cause for seri- changes to require Regional Children’s Advo- of improvements were made to the original ous self-reflection on what we are doing here. language. But the final version retains many cacy Centers grantees to provide information Mr. CONYERS. Mr. Speaker, I had hoped features of the original, and barely begins to to the Attorney General on the use of funds that we would have been able to come to- address the concerns raised by the Chief Jus- for evaluation of community response to child gether to reach consensus on how best to tice. abuse, and coordinates the operation of a deal with the difficult problem of child abduc- Title IV of the bill prohibits all downward de- Cyber-Tipline to provide online users an effec- tion in this country and to pass an AMBER partures in connection with child-related of- tive means of reporting Internet-related child alert bill. The recent rash of child abductions fenses and sex offenses. In all other cases, it sexual exploitation in the areas of distribution clearly indicate that additional steps need to discourages judges from making downward of child pornography, online enticement of chil- be taken to protect our children from sexual departures by subjecting them to burdensome dren for sexual acts, and child prostitution. predators. reporting requirements and Justice Depart- The National Center for Missing and Ex- Unfortunately, the conference was delayed ment scrutiny if they do so. And it directs the ploited Children is a private non-profit organi- and hung up by provisions which have nothing Sentencing Commission to amend the guide- zation, mandated by Congress, working in co- to do with Amber alert and which should have lines to ensure that downward departures are operation with the Office of Juvenile Justice been dealt with separately. First and foremost, ‘‘substantially reduced.’’ and Delinquency Prevention within the U.S. is the highly controversial amendment offered Since there has been virtually no debate on Department of Justice. It is a critical resource by Rep. TOM FEENEY, which would totally these radical proposals, we must guess at the for aiding over 18,000 law enforcement agen- hamstring any remaining discretion federal reasons for them. Apparently, they are based cies throughout the nation in their search for judges have in making sentencing determina- on the belief that judges have been abusing missing children. tions. This provision was added on the floor their departure power by handing down overly The Center is uniquely positioned to access two weeks ago without proper hearings or lenient sentences. vital information to aid in the search and re- committee debate and clearly is not ready for No doubt errors and abuses occur. Judges covery of missing kids. It is the only child pro- prime time. are human, and some sentences will be too tection non-profit organization with access to It is opposed by Chief Justice Rehnquist, by lenient while others are too harsh. But the sys- the FBI’s National Crime Information Center the Federal Judicial Conference, by the Amer- tem already provides a remedy for this: the (NCIC) Missing Person, Wanted Person, and ican Bar Association, by the Federal Bar As- government can and does appeal downward Unidentified Person Files; the National Law sociation, by the Leadership Conference on departures it considers inappropriate. And it Enforcement Telecommunications System Civil Rights, by the NAACP and by countless wins approximately 80 percent of such ap- (NLETS); and the Federal Parent Locator law professors, prosecutors, and public de- peals. Service (FPLS). Additionally, it is the only or- fenders. The truth is that the vast majority of the ganization operating a 24-hour toll-free Hotline In a nutshell, the Freeney Amendment, as downward departures are sought, not by the for the recovery of missing children in co- introduced, would make it next to impossible

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\A10AP7.084 H10PT1 April 10, 2003 CONGRESSIONAL RECORD — HOUSE H3075 for federal judges to reduce sentences below tween uniformity and judicial discretion and Criminal Defense Lawyers or Ronald Weich the guidelines, even where mitigating factors was enacted after years of study and consid- for the Leadership Conference on Civil such a military service, community involve- eration of problems in the previous sen- Rights (202–788–1818) if we can provide more tencing system. Congress understood that a information. ment and youth are present. Guess who is guidelines system that encompasses every LEADERSHIP CONFERENCE going to be harmed disproportionally by this relevant sentencing factor is neither possible ON CIVIL RIGHTS, harsh approach to sentencing—minorities in nor desirable. Departures are a necessary NATIONAL ASSOCIATION general and African Americans in particular. and healthy part of the guideline system. OF CRIMINAL DEFENSE Consider the fact that a full 12 percent of Departures do not reflect an avoidance of LAWYERS, NATIONAL African American men aged 20–34 are in pris- the law by federal judges but rather their LEGAL AID AND on—more than 8 times the comparable rate of conscientious compliance with the Congres- DEFENDER ASSOCIATION, sional mandate to impose a guideline sen- white males in the same age group. According NATIONAL ASSOCIATION tence unless the court finds a circumstance OF FEDERAL DEFENDERS, to the Bureau of Justice Statistics, nearly one not adequately considered by the Commis- FAMILIES AGAINST out of every three black men will spend time sion that warrants a departure. MANDATORY MINIMUMS. in prison during their lifetime. The Sentencing Reform Act already con- Mr.SENSENBRENNER. Mr. Speaker, So when you toughten sentencing, as the tains substantial limits on judicial discre- I yield back the balance of my time, Feeney amendment would do, you should tion. The overwhelming majority of federal and I move the previous question on know that you are busting up African Amer- sentences, other than those requested by the government to reward defendants who have the conference report. ican families and decimating our inner cities. provided assistance in prosecuting others or The previous question was ordered. You are also creating massive problems con- to manage the caseload in border districts, The SPEAKER pro tempore (Mr. cerning reentry when these individuals leave are within the guidelines written by the Sen- LAHOOD). The question is on the con- the prison system in another 10 or 15 years. tencing Commission, which is appointed by ference report. The very least we should do is to leave these the President and confirmed by the Senate. The question was taken; and the critical life decisions in the reasonable discre- Judges may only depart from the guidelines Speaker pro tempore announced that tion of the Federal judge who is closest to the if the case involves circumstances not ade- the ayes appeared to have it. situation. To use the popular AMBER alert quately considered by the Commission. The government may appeal any downward de- Mr. SENSENBRENNER. Mr. Speak- measure to alter this long standing principle, parture. er, I object to the vote on the ground and without proper hearings or consideration Title IV overturns an important Supreme that a quorum is not present and make is to me shameful. Court decision. In the 1996 case of Koon v. the point of order that a quorum is not Now my friends on the other side of the United States, which was in relevant part a present. aisle will claim not to worry, that they fixed the unanimous decision, the Supreme Court in- The SPEAKER pro tempore. Evi- Feeney amendment which they will say is lim- terpreted the departure standard in a way dently a quorum is not present. ited to sex offenses. But the truth is that the that limited departures but left some room for judicial discretion. Title IV of S. 151 The Sergeant at Arms will notify ab- revised Feeney language would radically alter recklessly overturns that landmark decision, sent Members. the sentencing regime for every single criminal which recognized that departures are an in- Pursuant to clause 8 of rule XX, this case in the legal system. It does this by add- tegral part of the guidelines system that 15-minute vote on adoption of the con- ing a whole host of new procedural require- seeks ‘‘to reduce unjustified disparities and ference report will be followed by 5- ments for a judge to show any form of mercy so reach toward the evenhandedness and neu- minute votes on motions to suspend in all federal cases. The bill also adds new re- trality that are the distinguishing marks of the rules and agree to House Concur- quirements on the Justice Department and the any principled system of justice [but that at rent Resolution 141 and House Resolu- Sentencing Commission with regard to down- the same time preserve the] uniform and constant * * * Federal judicial tradition for tion 165, as amended, which were de- ward departures in all Federal cases. At the the sentencing judge to consider every con- bated yesterday. end of the day, what we will have is some- victed person as an individual and every case The vote was taken by electronic de- thing very close to the original purpose of the as a unique study in the human failings that vice, and there were—yeas 400, nays 25, Feeney Amendment—mandatory minimums in sometimes mitigate, sometimes magnify, the answered ‘‘present’’ 2, not voting 8, as all federal criminal cases. crime and the punishment to ensue.’’ 518 follows: There are other problems in the bill before U.S. 81, 113 (1996). The current bill overturns us, including new death penalties, eliminating the basic structure of the carefully crafted [Roll No. 127] statutes of limitation, and criminalizing so- guidelines system, without meaningful input YEAS—400 from judges or practitioners and based on Abercrombie Boozman Cooper called ‘‘RAVE’’ parties. As a result of these numbers called into question by the statis- provisions and the very broad based and dan- Ackerman Boswell Costello tics maintained by the Sentencing Commis- Aderholt Boucher Cox gerous Feeney amendment, I must reluctantly sion. Akin Boyd Cramer urge a NO vote on this short sighted measure. Departures preserve some measure of fair- Alexander Bradley (NH) Crane [April 9, 2003] ness in the Sentencing Guidelines. Without Allen Brady (PA) Crowley the discretionary authority to depart, all Andrews Brown (OH) Cubin VOTE NOONCHILD ABDUCTION PREVENTION crimes regardless of the circumstances Baca Brown (SC) Culberson ACT (S. 151), WHICH DEPRIVES FEDERAL Bachus Brown, Corrine Cunningham would have to be sentenced exactly the JUDGES OF DISCRETION TO MAKE THE PUN- Baird Brown-Waite, Davis (AL) same; one size must fit all, predetermined by ISHMENT FIT THE CRIME Baker Ginny Davis (CA) the body of experts sitting in Washington, Baldwin Burgess Davis (FL) Dear Representative: On Thursday, April D.C. The Sentencing Guidelines will become Ballenger Burns Davis, Jo Ann 10, the House will consider the Child Abduc- a little more than mandatory minimum sen- Barrett (SC) Burr Davis, Tom tion Prevention Act (S. 151), Title IV of tencing laws, which cause rampant injustice Bartlett (MD) Burton (IN) Deal (GA) which would radically limit federal judicial and unwarranted racial disparity. Barton (TX) Buyer DeFazio discretion to impose just sentences for fed- The departure process is already under re- Bass Calvert DeGette eral offenses. This measure, which was at- view. Departures are the one area of the Beauprez Camp DeLauro Becerra Cannon DeLay tached to the House child abduction bill Guidelines were the Commission can see if Bell Cantor DeMint without committee considerations, goes far its sentencing policies are working or wheth- Bereuter Capito Deutsch beyond any effort to crack down on child ab- er an adjustment needs to be made. A high Berkley Capps Diaz-Balart, L. ductors. It overrules a key Supreme Court departure rate in certain types of cases can Berman Capuano Diaz-Balart, M. sentencing decision and constitutes a drastic indicate flaws in the guidelines that the Berry Cardin Dicks encroachment on the independence of the ju- Commission needs to address. This is the Biggert Cardoza Dingell diciary and the U.S. Sentencing Commission. careful system of checks and balances that Bilirakis Carson (IN) Doggett Bishop (GA) Carson (OK) Doolittle Such far-reaching changes in the laws and Congress crafted when it created the guide- Bishop (NY) Carter Doyle procedures that govern our federal criminal lines. The Sentencing Commission has re- Bishop (UT) Case Dreier justice system should not be undertaken peatedly demonstrated its willingness to po- Blackburn Castle Duncan without hearings and meaningful debate. lice the departure power and recently an- Blumenauer Chabot Dunn Title IV directs the Sentencing Commis- nounced that it will be conducting a study of Blunt Chocola Edwards sion to limit a federal judge’s power to de- the issue. We urge Congress to let this proc- Boehlert Clyburn Ehlers part from the Sentencing Guidelines. Depar- ess work. Boehner Coble Emanuel Bonilla Cole Emerson tures are in integral part of the Sentencing Thank you for considering our views. Bonner Collins Engel Reform Act that Congress enacted in 1984. Please contact Kyle O’Dowd (202–872–8600, Bono Combest English That bipartisan reform struck as balance be- ext. 226) for the National Association of

VerDate Jan 31 2003 06:18 Apr 11, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A10AP7.086 H10PT1 H3076 CONGRESSIONAL RECORD — HOUSE April 10, 2003 Eshoo Lampson Renzi NAYS—25 Andrews Dingell Kennedy (RI) Etheridge Langevin Reyes Baca Doggett Kildee Ballance Kucinich Sabo Evans Lantos Reynolds Bachus Doolittle Kilpatrick Clay Lee Sanders Everett Larsen (WA) Rodriguez Baird Doyle Kind Conyers Lewis (GA) Farr Larson (CT) Rogers (AL) Scott (VA) Baker Dreier King (IA) Cummings McDermott Fattah Latham Rogers (KY) Stark Baldwin Duncan King (NY) Davis (IL) Mollohan Towns Ballance Dunn Kingston Feeney LaTourette Rogers (MI) Frank (MA) Nadler Waters Ballenger Edwards Kirk Ferguson Leach Rohrabacher Jackson (IL) Oberstar Watt Barrett (SC) Ehlers Kleczka Filner Levin Ros-Lehtinen Jones (OH) Paul Bartlett (MD) Emanuel Kline Flake Lewis (CA) Ross Kilpatrick Payne Fletcher Lewis (KY) Rothman Barton (TX) Emerson Knollenberg Foley Linder Roybal-Allard ANSWERED ‘‘PRESENT’’—2 Bass Engel Kolbe Beauprez English Kucinich Forbes Lipinski Royce Delahunt Tierney Ford LoBiondo Ruppersberger Becerra Eshoo LaHood Fossella Lofgren Ryan (OH) NOT VOTING—8 Bell Etheridge Lampson Franks (AZ) Lowey Ryan (WI) Bereuter Evans Langevin Brady (TX) Dooley (CA) McCarthy (MO) Berkley Everett Lantos Frelinghuysen Lucas (KY) Ryun (KS) Crenshaw Gephardt Rush Berman Farr Larsen (WA) Frost Lucas (OK) Sanchez, Linda Davis (TN) Houghton Berry Fattah Larson (CT) Gallegly Lynch T. Biggert Feeney Latham Garrett (NJ) Majette Sanchez, Loretta ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bilirakis Ferguson LaTourette Gerlach Maloney Sandlin The SPEAKER pro tempore (Mr. Bishop (GA) Filner Leach Gibbons Manzullo Saxton LAHOOD) (during the vote). The Chair Bishop (NY) Flake Lee Gilchrest Markey Schakowsky Bishop (UT) Fletcher Levin Gillmor Marshall Schiff reminds the Members there are 2 min- Blackburn Foley Lewis (CA) Gingrey Matheson Schrock utes left to vote. Blumenauer Forbes Lewis (GA) Gonzalez Matsui Scott (GA) Blunt Ford Lewis (KY) Goode McCarthy (NY) Sensenbrenner b 1234 Boehlert Fossella Linder Goodlatte McCollum Serrano Boehner Frank (MA) Lipinski Gordon McCotter Sessions Messrs. BALLANCE, DAVIS of Illi- Bonilla Franks (AZ) LoBiondo Goss McCrery Shadegg nois, LEWIS of Georgia and Bonner Frelinghuysen Lofgren Granger McGovern Shaw CUMMINGS, Ms. LEE and Mrs. JONES Bono Frost Lowey Graves McHugh Shays of Ohio changed their vote from ‘‘yea’’ Boozman Gallegly Lucas (KY) Green (TX) McInnis Sherman Boswell Garrett (NJ) Lucas (OK) Green (WI) McIntyre Sherwood to ‘‘nay.’’ Boucher Gerlach Lynch Greenwood McKeon Shimkus Mr. TIERNEY changed his vote from Boyd Gibbons Majette Grijalva McNulty Shuster ‘‘yea’’ to ‘‘present.’’ Bradley (NH) Gilchrest Maloney Gutierrez Meehan Simmons Brady (PA) Gillmor Manzullo Gutknecht Meek (FL) Simpson So the conference report was agreed Brown (OH) Gingrey Markey Hall Meeks (NY) Skelton to. Brown (SC) Gonzalez Marshall Harman Menendez Slaughter The result of the vote was announced Brown, Corrine Goode Matheson Harris Mica Smith (MI) as above recorded. Brown-Waite, Goodlatte Matsui Hart Michaud Smith (NJ) Ginny Gordon McCarthy (NY) Hastert Millender- Smith (TX) A motion to reconsider was laid on Burgess Goss McCollum Hastings (FL) McDonald Smith (WA) the table. Burns Granger McCotter Hastings (WA) Miller (FL) Snyder Stated for: Burr Graves McCrery Hayes Miller (MI) Solis Mr. DAVIS of Tennessee. Mr. Speaker, on Burton (IN) Green (TX) McDermott Hayworth Miller (NC) Souder Buyer Green (WI) McGovern Hefley Miller, Gary Spratt rollcall No. 127, had I been present, I would Calvert Greenwood McHugh Hensarling Miller, George Stearns have voted ‘‘yea.’’ Camp Grijalva McInnis Herger Moore Stenholm Mr. RUSH. Mr. Speaker, on rollcall No. 127, Cannon Gutierrez McIntyre Hill Moran (KS) Cantor Gutknecht McKeon Strickland I was unavoidably detained in a meeting with Hinchey Moran (VA) Stupak Capito Hall McNulty Capps Harman Meehan Hinojosa Murphy Sullivan my regional constituents. Had I been present, Capuano Harris Meek (FL) Hobson Murtha Sweeney I would have voted ‘‘yea.’’ Cardin Hart Meeks (NY) Hoeffel Musgrave Tancredo f Cardoza Hastings (FL) Menendez Hoekstra Myrick Tanner Napolitano Carson (IN) Hastings (WA) Mica Holden Tauscher Holt Neal (MA) ANNOUNCEMENT BY THE SPEAKER Carson (OK) Hayes Michaud Tauzin Honda Nethercutt Carter Hayworth Millender- Taylor (MS) PRO TEMPORE Hooley (OR) Ney Case Hefley McDonald Taylor (NC) Hostettler Northup The SPEAKER pro tempore (Mr. Castle Hensarling Miller (FL) Terry Hoyer Norwood Chabot Herger Miller (MI) Thomas LAHOOD). Pursuant to clause 8, rule Hulshof Nunes Chocola Hill Miller (NC) Thompson (CA) XX, the remainder of this series will be Hunter Nussle Clay Hinchey Miller, Gary Thompson (MS) Hyde Obey conducted as 5-minute votes. Clyburn Hinojosa Miller, George Thornberry Inslee Olver Coble Hobson Mollohan Tiahrt f Isakson Ortiz Cole Hoeffel Moore Tiberi Israel Osborne Collins Hoekstra Moran (KS) Toomey EXPRESSING SENSE OF CONGRESS Issa Ose Combest Holden Moran (VA) Istook Otter Turner (OH) REGARDING REFORM OF INTER- Conyers Holt Murphy Jackson-Lee Owens Turner (TX) NAL REVENUE CODE Cooper Honda Murtha Udall (CO) Costello Hooley (OR) Musgrave (TX) Oxley The SPEAKER pro tempore. The un- Janklow Pallone Udall (NM) Cox Hostettler Myrick Jefferson Pascrell Upton finished business is the question of sus- Cramer Hoyer Nadler Jenkins Pastor Van Hollen pending the rules and agreeing to the Crane Hulshof Napolitano Crowley Hyde Neal (MA) John Pearce Velazquez concurrent resolution, H. Con. Res. 141. Johnson (CT) Pelosi Visclosky Cubin Inslee Nethercutt Johnson (IL) Pence Vitter The Clerk read the title of the con- Culberson Isakson Ney Cummings Israel Northup Johnson, E. B. Peterson (MN) Walden (OR) current resolution. Cunningham Istook Norwood Johnson, Sam Peterson (PA) Walsh The SPEAKER pro tempore. The Davis (AL) Jackson (IL) Nunes Jones (NC) Petri Wamp question is on the motion offered by Davis (CA) Jackson-Lee Nussle Kanjorski Pickering Watson Davis (FL) (TX) Oberstar Kaptur Pitts Waxman the gentleman from California (Mr. Davis (IL) Janklow Obey Keller Platts Weiner THOMAS) that the House suspend the Davis (TN) Jefferson Olver Kelly Pombo Weldon (FL) rules and agree to the concurrent reso- Davis, Jo Ann Jenkins Ortiz Kennedy (MN) Pomeroy Weldon (PA) lution, H. Con. Res. 141, on which the Davis, Tom John Osborne Kennedy (RI) Porter Weller Deal (GA) Johnson (CT) Ose Kildee Portman Wexler yeas and nays are ordered. DeFazio Johnson (IL) Otter Whitfield Kind Price (NC) This will be a 5-minute vote. DeGette Johnson, E. B. Owens Wicker King (IA) Pryce (OH) The vote was taken by electronic de- Delahunt Johnson, Sam Oxley Wilson (NM) King (NY) Putnam DeLauro Jones (NC) Pallone Wilson (SC) vice, and there were—yeas 424, nays 0, Kingston Quinn DeLay Jones (OH) Pascrell Wolf not voting 10, as follows: Kirk Radanovich DeMint Kanjorski Pastor Kleczka Rahall Woolsey [Roll No. 128] Deutsch Kaptur Payne Kline Ramstad Wu YEAS—424 Diaz-Balart, L. Keller Pearce Knollenberg Rangel Wynn Diaz-Balart, M. Kelly Pelosi Kolbe Regula Young (AK) Abercrombie Aderholt Alexander Dicks Kennedy (MN) Pence LaHood Rehberg Young (FL) Ackerman Akin Allen

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