Child Protection

The sexual exploitation of children is one of the most vicious crimes conceivable, a violation of mankind's most basic duty to protect the innocent.  On April 30, 2003 I was proud to stand with President Bush in the Rose Garden as he signed into law the PROTECT Act to help defend our children from sexual predators while strengthening law enforcement’s ability to keep these criminals off the street.  A key component of this bill was the Feeney amendment which I authored, to ensure that those who commit sexual crimes against our nation's children will receive the full punishment of the law.

Less than three years after this legislation was signed into law, we have received a disturbing report that the achievements of the PROTECT Act and the Feeney Amendment have been undone by judicial discretion.  The United States Sentencing Commission issued a report on the impact of the Supreme Court's decision in United States v. Booker on the sentences these inhuman criminals receive.  The report shows that some judges have declared open season on America's children by avoiding the enacted legislation.  Downward departures in sentencing for those convicted of sexual abuse of a minor increased tenfold, and below range sentences for those convicted of sexual exploitation of a child increased sixfold.  The downward departure rates for drug convictions rose across the board, with rates for methamphetamine and crack cocaine departures tripling.

It is disturbing that some judges are undermining tough legislation that is working to protect our children, and parents throughout America will find this unacceptable.  I believe that judges must be held accountable for their decisions, that they are not immune from reasonable criticism, and that we in Congress must continue our efforts to ensure that judges follow the law as it is written.

Children's Safety Act

I am pleased the House recently passed the Children's Safety Act to help protect children from the perpetrators of these vile crimes by strengthening notification requirements for sex offenders and increasing criminal penalties. This bill is the least we can do to defend our children from this evil.

Among other things, the Children's Safety Act will:

• Improve the Sex Offender Registration and Notification Program to ensure that sex offenders register - and keep current - where they reside, work, and attend school;
• Create a National Sex Offender Public Website to search for sex offender information;
• Require states to notify each other when sex offenders move from one state to another;
• Create a new criminal penalty of up to a maximum of 20 years for sex offenders who fail to comply with registration requirements; and
• Protect foster children from sexual abuse and exploitation and increase criminal penalties for child sexual predators.