HON. RON PAUL
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Wednesday, March 19, 2003
2003 Ron Paul 36:1
Mr. PAUL. Mr. Speaker, as 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. 1104 which
enhance the punishment for those convicted
of federal crimes involving sexual assaults on
children.
2003 Ron Paul 36:2
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?
2003 Ron Paul 36:3
However, Mr. Speaker, I am concerned that making the AMBER Alert system a Federal
program is neither constitutionally sound nor
effective law enforcement. All Americans
should be impressed at the demonstrated effectiveness
of the AMBER system in locating
missing and kidnapped 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 meets the unique needs
of individual jurisdictions. Once the AMBER
Alert system becomes a one-size-fits all Federal
program (with standards determined by
DC-based bureaucrats instead of communitybased
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.
2003 Ron Paul 36:4
Mr. Speaker, H.R. 1104 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-US citizen is within the
jurisdiction of the United States Government.
2003 Ron Paul 36:5
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?
2003 Ron Paul 36:6
At a time when Federal resources are stretched to the limit, American troops are preparing
for imminent military conflict, 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.
2003 Ron Paul 36:7
In conclusion, Mr. Speaker, while H.R. 1104 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. 542 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.