Providing for Consideration of H.R. 3132, Children's Safety Act of 2005
Floor Speech
PROVIDING FOR CONSIDERATION OF H.R. 3132, CHILDREN'S SAFETY ACT OF 2005 -- (House of Representatives - September 14, 2005)
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Mr. GINGREY. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from California (Ms. Matsui), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
Mr. Speaker, House Resolution 436 is a modified open rule that provides 1 hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. It waives all points of order against consideration of the bill. This rule provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as an original bill for the purpose of amendment. It provides that the bill shall be considered for amendment under the 5-minute rule and that it shall be read by title.
It makes in order only those amendments to the bill that are preprinted in the Congressional Record or are pro forma amendments for the purpose of debate, provides that each amendment printed in the Congressional Record may be offered only by the Member who caused it to be printed or a designee, and that each amendment shall be considered as read. It provides one motion to recommit with or without instructions.
Mr. Speaker, I rise today to speak on behalf of House Resolution 436 and the underlying bill, H.R. 3132, the Children's Safety Act of 2005.
First, I would like to take this opportunity to commend Chairman Sensenbrenner for this comprehensive bill addressing the unconscionable atrocities perpetrated against our children by sexual predators and for his committee's thorough work and committed devotion to seeing this bill realized.
Mr. Speaker, this fight is not a new one. The sexual and physical abuse of our most fragile and defenseless citizens, our children, is perhaps the most offensive and utterly unconscionable act that can be committed.
Members on both sides of the aisle recognize the need to continually find new ways to prevent sexual abuse and to thoroughly and justly punish those who commit these heinous acts.
The Children's Safety Act of 2005 would combat the sexual exploitation and abuse of our children through mounting an offensive on numerous fronts and through combining various pieces of good, solid legislation into this one comprehensive bill. The final product compiles the Sex Offender Registration and Notification Act, the DNA Fingerprinting Act of 2005, the Prevention and Deterrence of Crimes Against Children Act of 2005, the Protection Against Sexual Exploitation of Children Act of 2005, and the Foster Child Protection Act of 2005.
Mr. Speaker, H.R. 3132 is a commonsense bill. For too long the laws have not fully reflected or reacted to the changing environment in which our children are vulnerable. While the Constitution always protects the accused and harmed alike, we should not allow the law to be procedurally twisted by child abusers to keep them on the streets to harm another child because of a technicality or because of insufficient support for our law enforcement and communities.
Mr. Speaker, H.R. 3132 would require that the definition of sex offender be expanded to include both felony sex offenses and misdemeanor sex offenses. Additionally, this bill would make the possession of child pornography a triggering offense for registration and notification requirements.
Another important provision of this bill would require a State to maintain a statewide Internet site to provide thorough and current information about sex offenders. This information would include the current location of the sex offender, the facts underlying the offender's conviction, any vehicles owned or used by the offender, a picture and other up-to-date information to keep communities informed and give them every possible piece of information available to assess the potential threats of these individuals.
Additionally, Mr. Speaker, this bill makes full use of new and innovative technologies available to law enforcement. Specifically, DNA technology. It has grown by leaps and bounds, and today this technology gives law enforcement new and more precise tools to keep innocent people free and keep criminals behind bars, where they belong. This bill would also require the Attorney General to create a prioritized DNA database focused specifically on those violent predators who would prey on our children.
Mr. Speaker, I cannot emphasize enough that our primary goal must be to prevent child abuse and stop these deviants before they get their hands on a child and before they destroy a child's fragile life. However, when one of these deviants does harm a child, then the full weight of the law should be upon them.
This bill would impose new mandatory minimum penalties for violent crimes committed against children. These mandatory minimums include the death penalty or life imprisonment when a child is murdered. It imposes a 30-years-to-life imprisonment when the offender kidnaps, maims, commits aggravated sexual abuse, or causes serious bodily harm to a child. Additionally, the bill requires a 20-year minimum sentence when the crime of violence results in a nonserious bodily injury to a child. Fifteen-years-to-life imprisonment is required when the defendant uses a dangerous weapon, and in any other case the minimum penalty ranges from a mandatory 10 years to life imprisonment.
Additionally, Mr. Speaker, this bill would increase the existing mandatory penalties for several existing sexual offenses, including engaging in a sexual act with a child, committing abusive sexual contact and sexual exploitation of a child, trafficking child pornography, and the use of the Internet to prey on children.
I would also like to add that this bill places new requirements on our States to ensure that they perform complete background checks on potential foster and adoptive parents, and grants relevant State agencies access to national criminal history databases. Our State and local governments should never, let me repeat, never deliver a child into the hands of a sexual predator.
The Children's Safety Act also addresses the growing problem of kidnapping and sex trafficking. The trafficking of children is a problem not just here in the United States but globally, and this bill will increase the penalties for sex trafficking of children. We have to root these thugs out and shut down their operations. Sexual abuse of children must be stopped at all levels and in all degrees. From the lone abuses to a network of criminals peddling children for the pleasure of perverts, this must be stopped, and this bill goes a long way to strengthen law enforcement capabilities and making sure the punishment justly fits the crime.
In conclusion, Mr. Speaker, I want to encourage my colleagues on both sides of the aisle to unite behind this commonsense legislation. Let us keep sexual predators away from our children, off the streets, and serving their time.
Mr. Speaker, I reserve the balance of my time.
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Mr. GINGREY. Mr. Speaker, I yield myself such time as I may consume; and, in closing, I would like to begin by saying that there are very few matters in our society that are as clear-cut as this one. Child abduction and abuse is not a new problem. It did not begin yesterday, and it will not end tomorrow. This is a continuing struggle to protect our children; and I truly believe that it will help protect my grandchildren, 7-year-old twins Ali and Hannah Manning, 5-year-old Hank Manning, IV, and 10-month-old Grey Collins.
The recent tragedies that have grabbed the attention and sympathy of the Nation only serve as a grim and poignant reminder that our work is not done and we must continue to do everything that we can to stop the abuse and exploitation of our children.
As I noted in my opening statement, this is commonsense, comprehensive legislation that attacks the problem in many different ways, from expanding the definition of sex offenders, to strengthening law enforcement's tools, to increasing mandatory minimums for child abusers and kidnappers.
Additionally, I believe this legislation protects the constitutional rights of the accused while ensuring that the guilty see justice and the victims are protected.
Again, I want to thank the gentleman from Wisconsin (Mr. Sensenbrenner) and the Committee on the Judiciary for putting this bill together. H.R. 3132 is sound, well-crafted legislation. I am confident that this legislation will empower the innocent over the guilty, victims over the predators. With its passage, our country, our children and our grandchildren, will be the winners. For that reason I urge my colleagues to support this rule and the underlying bill.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
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