2002 Ron Paul 99:1
Mr. PAUL. Mr. Speaker, an OB–GYN who
has had the privilege of bringing over 3,000
children into the world, I share the desire to
punish severely those who sexually abuse
children. In fact, it is hard to imagine someone
more deserving of life in prison than one who
preys on children. Therefore, I certainly support
those parts of H.R. 5422 which enhance
the punishment for those convicted of federal
crimes involving sexual assaults on children.
2002 Ron Paul 99:2
I also support the provisions increasing the
post-incarceration supervision of sex offenders.
However, given the likelihood that a sex
offender will attempt to commit another sex
crime, it is reasonable to ask why rapists and
child molesters are not simply imprisoned for
life?
2002 Ron Paul 99:3
However, Mr. Speaker, I am concerned that
making the AMBER alert system a federal program
is neither constitutionality sound nor effective
law enforcement. All Americans should
be impressed at the demonstrated effectiveness
of the AMBER system in locating missing
and kidnaped children. However, I would ask
my colleagues to consider that one of the factors
that makes the current AMBER system so
effective is that the AMBER Alert system is
not a federal program. Instead, states and
local governments developed AMBER Alerts
on their own, thus ensuring that each AMBER
system meet the unique needs of individual jurisdictions.
Once the AMBER Alert system becomes
a one-size-fits all federal program (with
standards determined by D.C.-based bureaucrats
instead of community-based law enforcement
officials) local officials will not be able to
tailor the AMBER alert to fit their unique circumstances.
Thus, nationalizing the AMBER
system will cause this important program to
lose some of its effectiveness.
2002 Ron Paul 99:4
Mr. Speaker, H.R. 5422 also exceeds Congress’
constitutional authority by criminalizing
travel with the intent of committing a crime. As
appalling as it is that some would travel
abroad to engage in activities that are rightly
illegal in the United States, legislation of this
sort poses many problems and offers few solutions.
First among these problems is the
matter of national sovereignty. Those who
travel abroad and break the law in their host
country should be subject to prosecution in
that country: it is the responsibility of the host
country — not the U.S. Congress — to uphold its
own laws. It is a highly unique proposal to
suggest that committing a crime in a foreign
country against a non-U.S. citizen is within the
jurisdiction of the United States Government.
2002 Ron Paul 99:5
Mr. Speaker, this legislation makes it a federal
crime to “travel with intent to engage in illicit
sexual conduct.” I do not think this is a
practical approach to the problem. It seems
that this bill actually seeks to probe the conscience
of anyone who seeks to travel abroad
to make sure they do not have illegal or immoral
intentions. Is it possible or even advisable
to make thoughts and intentions illegal?
And how is this to be carried out? Should federal
agents be assigned to each travel agency
to probe potential travelers as to the intent of
their travel?
2002 Ron Paul 99:6
At a time when federal resources are
stretched to the limit, and when we are not
even able to keep known terrorists out of our
own country, this bill would require federal
agents to not only track Americans as they vacation
abroad, but would also require that they
be able to divine the intentions of these individuals
who seek to travel abroad. Talk about
a tall order! As well-intentioned as I am sure
this legislation is, I do not believe that it is a
practical or well-thought-out approach to what
I agree is a serious and disturbing problem.
Perhaps a better approach would be to share
with those interested countries our own laws
and approaches to prosecuting those who
commit these kinds of crimes, so as to see
more effective capture and punishment of
these criminals in the countries where the
crime is committed.
2002 Ron Paul 99:7
In conclusion, Mr. Speaker, while H.R. 5422
has some good provisions aimed at enhancing
the penalties of those who commit the most
heinous of crimes, it also weakens the effective
AMBER Alert program by nationalizing it.
H.R. 5422 also raises serious civil liberties
and national sovereignty concerns by criminalizing
intent and treating violations of criminal
law occurring in other countries’ jurisdictions
as violations of American criminal law.
