Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6847) to amend title 18, United States Code, to expand and strengthen Federal sex offenses, to reauthorize certain programs established by the Adam Walsh Child Protection and…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6847) to amend title 18, United States Code, to expand and strengthen Federal sex offenses, to reauthorize certain programs established by the Adam Walsh Child Protection and Safety Act of 2006, and for other purposes, as amended.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous materials on H.R. 6847, currently under consideration.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am pleased we are voting today on the Preventing Child Exploitation Act, which rolls together four bills the House considered and passed last year but the Senate failed to take up and pass. Each of them will make important changes to Federal law to protect children.
I would like to thank my colleagues--Mr. Ratcliffe, Mr. Johnson, and Mr. Sensenbrenner--for their excellent work in crafting and introducing these bills with me and their critical efforts to move them through the House earlier this Congress.
The first part of H.R. 6847 is the bill I introduced, the ``Roby bill.'' It closes a significant loophole in pursuing offenders who engage in sex tourism and prey on children abroad. Specifically, the bill ensures that the definition of ``illicit sexual conduct'' includes all potential situations where an adult defendant may abuse a child under these circumstances. No longer will they be able to go and prey on foreign children without facing the possibility of significant punishment at home. They will also not be able to escape enhanced sentences for doing so.
The bill also closes loopholes that permit those who sexually degrade, humiliate, and abuse children under 12 to avoid sentencing enhancements for repeat offenses.
Congress always intended for children to have the greatest protections, and we must ensure that our laws reflect that intent.
The next part of H.R. 6847, the ``Ratcliffe bill,'' closes yet another loophole regarding offenders who commit violent crimes while they are in noncompliant status as sex offenders. Currently, this enhancement applies only to those who committed crimes of violence under Federal, Tribal, D.C., or military law, and the law of any territory or possession of the United States.
This bill adds State crimes of violence as predicate convictions, thus ensuring all sex offenders who have been convicted of crimes of violence face heightened punishment where they fail to register.
Presently, certain recidivist provisions are not consistent with respect to conduct covered when someone has a prior sex conviction under Federal and State law, as opposed to military law. For instance, under current law, an offender with certain prior military child pornography convictions would not qualify for a sentencing enhancement that someone convicted under a Federal statute would, even if their conduct was the same. This bill fixes this and makes sure that those recidivist enhancements are applied consistently.
The third part of H.R. 6847, the ``Johnson bill,'' fixes a judicially created loophole in the Federal production of child pornography statute. In United States versus Palomino-Coronado, the Fourth Circuit reversed a conviction for production of child pornography for insufficient evidence, allowing a defendant to walk free from production of child pornography charges despite photographic evidence he created that he had engaged in sexual abuse of a 7-year-old child.
In doing so, the court suggested that a defendant must initiate sexually illicit conduct with the specific intent to create child pornography. This decision has extremely undesirable consequences in the prosecution of the production of child pornography. It has created a new defense whereby a defendant can merely deny a preformed, specific intent to record a sexual offense of a minor and escape Federal conviction.
That is an outrageous result, and Congress' intervention is required to fix the statute. The creation of child pornography must be adequately deterred, and this fix ensures that it will be.
Finally, H.R. 6847 includes the Adam Walsh Reauthorization Act, introduced by Crime Subcommittee Chairman Sensenbrenner, the author of the original Walsh Act. The bill reauthorizes the Sex Offender Management Assistance Program and provides funding for the United States Marshals Service, which is tasked with identifying and apprehending unregistered sex offenders. It also adds new provisions that aim to improve the Sex Offender Registration and Notification Act and make it easier for States to comply.
Thus far, 17 States, 108 Tribes, and 3 territories are in substantial compliance with the law. The intent of this bill is to ensure many more jurisdictions come into compliance.
Over the past several years, DOJ has worked closely with the States to achieve this goal by promulgating flexible guidelines via the continued hard work of the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking, or the SMART Office.
This bill takes several concrete steps to encourage compliance. For example, it addresses concerns many have addressed about juvenile offenders. It is important to keep in mind that only juveniles who have committed the most serious sex offenses are subject to registration under SORNA. Nevertheless, this bill lessens the amount of time a juvenile who commits certain offenses and keeps a clean record must be on the registry. If these youths keep a clean record for 15 years, they may petition to leave the registry.
Additionally, the bill codifies 2016 DOJ guidelines which permit the SMART Office to deem a State in substantial compliance with the act even if it maintains a discretionary juvenile registry.
Further, the bill alleviates the cost of implementation by explicitly permitting alternative means for in-person check-ins for registrants and lessening the number of required check-ins. This is a reasonable amendment that will help States with significant rural populations achieve compliance.
I want to thank all my colleagues. I am glad to have had the opportunity to introduce the comprehensive child protection bill, which, as I have already noted, will strengthen Federal law to protect children. I also want to, again, thank Mr. Ratcliffe, Mr. Johnson, and Mr. Sensenbrenner for their work.
There can be no keener revelation of a society's soul than the way in which it treats its children. I implore my colleagues to take that to heart and support this vital, well-crafted, commonsense legislation. I urge every person in this room to consider this bill, not just as a Member of Congress, but as a parent, a grandparent, an aunt, an uncle, or a friend. Please join me today in supporting this bill and protecting our children.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I continue to reserve the balance of my time
Mr. Speaker, I yield myself such time as I may consume to close.
Mr. Speaker, first, we need to make clear that this bill does not expand law to go after teenagers for sexting. Under present law, technically, such changes may be possible. However, we know of no instance where the Department of Justice has pursued such cases.
When these bills were initially passed, the press falsely claimed that they would make it possible for DOJ to go after teen sexting. This is completely reckless journalism. Apparently, these journalists did not participate in any sort of fact checking, which would have merely consisted of opening a U.S. Criminal Code book. They also continually cite State cases as examples of Federal prosecutors acting aggressively, which is similarly extremely misleading. If our friends across the aisle would like to draw our attention to any cases where the Federal Government prosecuted consensual teen sexting, we would be happy to look at them.
Last year, we offered to work on a provision to provide an affirmative defense in this chapter of the code, despite no evidence that it is necessary, but we were not taken up on our offer.
None of these bills, Mr. Speaker, create new mandatory minimum sentences. Instead, they modify the existing statutory framework to ensure the existing enhancements are applied equitably and to close certain loopholes.
Some of the conduct covered is modestly expanded, but that is done commensurate with the crime. These recidivism enhancements are for these predatory crimes, especially where the defendant has previously sexually abused a child, which is the case for the enhancement in 18 U.S.C. 3559(e).
Society's laws need to address the problems of the day and protect the public, especially our children. Sex crimes against children are ubiquitous. Their number, as we heard in our child protection hearing last month, is growing.
Additionally, the offenses are becoming more depraved, and the victims are getting younger. There is no sign of slowing down, and present law does not appear to be keeping up with the numbers.
The gravity and growing prevalence of these crimes merit an appropriate societal response to have a proper deterrent effect. The enhancements provide this deterrent effect.
In addition, these child sex crimes are vastly underreported. In these sexual exploitation crimes, the victims are often very young and very impressionable. They are often scarred for life as a result of horrific abuse. The punishment must fit the crime, especially where it involves our children.
Again, my appeal to my colleagues is to consider this bill, not just as a Member of Congress, but, again, as a parent, a grandparent, an aunt, an uncle, and a friend. I urge my colleagues to adopt this bill.
Mr. Speaker, I yield back the balance of my time.