Dialog of US House on HR 4472 on July 25, 2006

There are no comments made to portions of HR 4472 which do not affect sex offenders or their issues, nor should anything be inferred by the absence of comments with respect to those portions. eAdvocate

General comments, many are important.

Bills which never were debated in the US House (some presented in the past few days) and magically were morphed into HR 4472, like HR 3132 was morphed into HR 4472.

New or Excessive Punishments.

Actions of a singular person, entity or group and are not reviewable by any tribunal!

Questionable comments, in a factual or logical sense, or are factoids.

Reasons why hate crimes bills were removed from HR 4472. Hate crime descriptions, could long term include registered sex offenders.

Additional Notes & Comments by eAdvocate

 

 The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Wisconsin (Mr. Sensenbrenner) and the gentleman from Virginia (Mr. Scott) each will control 20 minutes.

   The Chair recognizes the gentleman from Wisconsin.

   GENERAL LEAVE

   Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 4472, currently under consideration.

   The SPEAKER pro tempore. Is there objection to the request of the gentleman from Wisconsin?

   There was no objection.

   Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume.

   Mr. Speaker, I had a lengthy statement that I wanted to put in the Record, but we have a lot of demands for speakers, so I will be brief and include the full statement in the Record under general leave.

   I rise in strong support of H.R. 4472, the Adam Walsh Child Protection and Safety Act of 2006. The continued vulnerability of America's children to sexual predators is a national tragedy that demands strong congressional action. During the 109th Congress, the House has twice passed broad child safety legislation; in September 2005 and then in March of this year. I want to commend the other body for recognizing the importance of following the House's lead to address this issue.

   Mr. Speaker, H.R. 4472 contains strict national offender registration and data sharing requirements to ensure that law enforcement agencies in America's communities know where sex offenders live and work, and to provide stiff criminal penalties for sex offenders who fail to comply with these enhanced registration requirements. This legislation would make it crystal clear to sex offenders: You better register, you better keep the information current, or you are going to jail.

   The bill also increases criminal penalties to punish and deter those who prey on children, and it authorizes important grant programs that will help ensure the safety of our Nation's children.

   Mr. Speaker, 25 years ago, John and Reve Walsh suffered the devastating loss of their 6-year-old son, Adam, who was abducted and murdered by a child predator.  (Notice he did not say “child sexual predator”)   With courage and determination, the Walshes channeled the grief of their son's loss into a national campaign to spare other families from ever facing the pain they will always endure.

   And I would just like to point out that in the well, there is a picture of this darling child who was brutally murdered.

   Their quarter century of sacrifice has made America's children safer, and it is in the memory of their son Adam that this legislation is named.

   Mr. Speaker, the Adam Walsh Child Protection and Safety Act of 2006 represents the most comprehensive Federal child safety legislation ever considered by this House. It reflects this body's boldest commitment yet to protecting America's children against sexual predators. (Notice, now he says “sexual predators”)

   I urge my colleagues to vote ``yes'' on the motion to suspend the rules and send this vital and historic legislation to the President's desk for his signature.

  • [Begin Insert]

   Mr. Speaker, I rise in strong support of H.R. 4472, the Adam Walsh Child Protection and Safety Act of 2006.

   Adam Walsh, Jacob Wetterling, Megan Nicole Kanka, Pam Lychner, Jetseta Gage, Dru Sjodin, Jessica Lunsford, Sarah Lunde, Amie Zyla, Christy Fornoff, Alexandra Nicole Zapp, Polly Klaas, Jimmy Ryce, Carlie Brucia, Amanda Brown, Molly Bish, Elizabeth Smart, Samantha Runnion. The names of these innocent victims are seared into the national consciousness but only represent a fraction of children victimized by violent sexual offenders. Their names comprise a roll call of insufferable loss and a call to national action--the injustice of each assault compounded by the cruel recognition that it might have been prevented. The continued vulnerability of America's children to sexual predators is a national tragedy demanding strong congressional action. Mr. Speaker, H.R. 4472 responds to this urgent call.

   There are over a half million sex offenders in the United States and up to 100,000 offenders are unregistered and their locations unknown to the public and law enforcement. H.R. 4472 contains strict national offender registration and data sharing requirements to ensure that law enforcement agencies and America's communities know where sex offenders live and work. The legislation provides stiff criminal penalties for sex offenders who fail to comply with these enhanced registration requirements.

   By requiring national registration obligations, regular updates, frequent in-person verification, and providing tough and targeted criminal penalties, we intend to make one thing clear to sex offenders across this country--you better register, and you better keep the information current, or you are going to jail. This legislation will also utilize the United States Marshals Service in assisting States to hunt down missing sex offenders.

   To provide the public with important information concerning the status and location of sex offenders, the bill requires States to maintain Internet sites with accurate and accessible offender information, and to provide timely notification of changes in sex offender information to law enforcement authorities, as well as educational, and other community organizations. H.R. 4472 also creates the National Sex Offender Public Website so that anyone can search any location in the country to determine where sex offenders are located. (Note, this is not a true statement, because registries DO NOT tell the public where sex offenders are located, but instead, tell the public where a former sex offender sleeps, but not when s/he sleeps. Many folks work or have (if not working) varying schedules which registries cannot handle)

[Page: H5723]

   In addition to vital improvements to the sex offender registry, the bill increases criminal penalties to punish and deter those who prey on children. These tough new provisions include: the death penalty for the murder of a child; a mandatory minimum of 25 years in jail for kidnaping or maiming a child; and a 30-year mandatory minimum for having sex with a child under 12 or sexually assaulting a child between 13 and 17 years old. The bill would also make an alien's failure to register a deportable offense and bar convicted alien sex offenders from having family-based petitions approved.

   In order to better protect America's children against the growing threat of online sexual predators, the Adam Walsh Act establishes a 20-year mandatory jail sentence for members of a child exploitation enterprise, provides a 10-year consecutive mandatory penalty for any sex offender who commits an offense against a child, authorizes additional resources to prosecute child pornographers, and expands civil remedies for sexual offenses against children. The bill also provides new grant programs to combat sexual abuse of children, authorizes new crime prevention campaigns, child fingerprinting campaigns, and establishes a national registry of substantiated child abuse cases.

   Mr. Speaker, 25 years ago, John and Reve Walsh suffered the devastating loss of their 6-year-old son Adam, who was abducted and murdered by a child predator. With courage and determination, the Walshes channeled the grief of their son's loss into a national campaign to spare other families from ever facing the pain they will always endure. Their quarter century of sacrifice has made America's children safer, and it is in the memory of their son Adam--whose loss galvanized their heroic service--that this legislation is named.

   During the 109th Congress, the House has twice passed broad child safety legislation in September, 2005, and in March of this year. I commend the other body for recognizing the importance of following the House's lead to address this issue.

   Mr. Speaker, this legislation benefited greatly from the tireless efforts of many Members of this body. I wish to thank my colleague from Wisconsin, Mr. Green, for his efforts to further strengthen this legislation by requiring States to include juvenile sex offenders in these registries. The Chairman of the Subcommittee on Crime, Mr. COBLE, as well as Representatives FOLEY, CHABOT, PENCE, HARRIS, GILLMOR, POE, BROWN-WAITE, CRAMER, GRAVES, and POMEROY also deserve recognition for their important contributions to this bipartisan legislation.

   Mr. Speaker, the Adam Walsh Child Protection and Safety Act of 2006 represents the most comprehensive Federal child safety legislation ever considered by this House. It reflects this body's boldest commitment yet to protecting America's most vulnerable and precious members--our children--against sexual offenders. I urge my colleagues to send this vital and historic legislation to the President's desk for his signature.

   Mr. Speaker, I would like to take a moment to recognize all of those who worked so hard to see this bill through to completion.

   From the House Judiciary Committee's Majority Staff, I would like to specifically thank Phil Kiko, Sean McLaughlin, Rob Tracci, Brian Benczkowski, and Katy Crooks. From the Subcommittee on Crime, Terrorism and Homeland Security, I want to thank Michael Volkov, Caroline Lynch, and Spencer Morgan, and Johnny Mautz from Chairman COBLE's staff.

   From the Leadership, I would like to thank Margaret Peterlin, from the Speaker's Office, Jo Marie St. Martin from the Majority Leader's Office, and April Ponnuru, from the Whip's Office.

   Additional House Staff who I would like to thank are: Bobby Vassar, counsel to BOBBY SCOTT, Ranking Minority Member, Subcommittee on Crime, Terrorism and Homeland Security; Bradley Schreiber of Representative FOLEY's staff; Ryan Osterholm of Representative GREEN's staff; Ryan Walker of Representative GILLMOR's staff; Melanie Rhinehart of Representative POMEROY's staff; Josh Pitcock of Representative PENCE's staff; Tim Morrison of Representative KENNEDY's staff; Christine Calpin of Representative THOMAS's staff; Ian Ryder of Representative WASSERMAN-SCHULTZ's staff; Whitney Rhodes and Pam Davidson of the House Education and Workforce Committee staff; and David Cavick and Ryan Long, of the House Energy and Commerce Committee staff.

   I would also like to thank Doug Bellis from the Legislative Counsel's Office for his dedication and assistance in the drafting of this important legislation.

   From the Senate, I would like to thank Allen Hicks and Brandi White of Senator FRIST's staff; Michael O'Neill, Matt Miner, Todd Braunstein, of the Senate Judiciary Committee; Ken Valentine and Tom Jipping of Senator HATCH's staff; Joe Matal of Senator KYL's staff; James Galyean of Senator GRAHAM's staff; Dave Turk of Senator BIDEN's staff; Bruce Cohen, Julie Katzman and Noah Bookbinder of Senator LEAHY's staff, Nicole Gustafson of Senator GRASSLEY's staff, as well as Chad Groover, who has since left Senator GRASSLEY's office but who played a critical role in developing many of the penalty enhancements included in title II; Christine Leonard of Senator KENNEDY's staff; Lara Flint of Senator FEINGOLD's staff; Nate Jones of Senator KOHL's staff; Sharon Beth Kristal of Senator DEWINE's staff; Reed O'Connor, Matthew Johnson and Lynden Melmed of Senator CORNYN's staff; Jane Treat of Senator COBURN's staff; Greg Smith of Senator FEINSTEIN's staff; Marianne Upton of Senator DURBIN's staff; Bradley Hayes of Senator SESSIONS's staff; Preet Baharara of Senator SCHUMER's staff.

   Additionally, I want to thank Avery Mann, from America's Most Wanted, who played a significant role; Michelle Laxalt, who took a great personal interest in this bill and from the outside helped a great deal. I also want to thank the National Center for Missing and Exploited Children, especially Ernie Allen, John Libonati, Robbie Callaway, and Carolyn Atwell-Davis, for their efforts.

   Finally, I would like to pay respect to just some of the victims who really helped with this bill: Mark and Amie Zyla from my State of Wisconsin, who have been tireless advocates in support of this bill; Linda Walker, the mother of Dru Sjodin; Mark Lunsford; Erin Runnion; Marc Klass; Polly Franks, Patty Wetterling; and last but not least--really, really, we can never thank them enough--John and Reve Walsh.

  • [End Insert]

   Mr. Speaker, I reserve the balance of my time.

   Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may consume.

   Mr. Speaker, the crimes committed against the children named in the bill, those not named, and the suffering of their families is a tragedy for all of us, yet this does not release us from the responsibility to legislate on a sound and reasoned basis. I believe the situation is serious and grave enough to warrant a bill that is based on approaches that have been proven to reduce this scourge in our society, not on sound bites that will merely pander to our emotions.

   This bill focuses on establishing a national sex offender registry and an Internet posting system for the public to allegedly track the whereabouts of convicted and released sex offenders, and it also includes a number of gratuitous provisions, such as eight additional and duplicative Federal death penalties and 11 additional Federal mandatory minimum sentences.

   

[Time: 11:45]

   Virtually all of the death penalty cases, as with most criminal cases, are State cases. The cases referenced by children named in this bill, because of the grave tragedies they have suffered, are all State offenses, and I don't believe a single one of them would have been covered by Federal law. But I think all the Federal cases, you would think that all of them would be Federal cases from the provisions in the bill.

   Mr. Speaker, we recently increased Federal sex offenses penalties in the PROTECT Act with mandatory minimums of at least 5 years and some up to mandatory life, even in cases involving consensual sex between teenagers. And these increases came right after the Sentencing Commission had already increased penalties for sex offenses at the direction of Congress. And all of these increases were Federal cases based on the name of the crime and the political appeal of striking out harshly against offenders.

   But because of the few cases that are actually under Federal jurisdiction, they will primarily affect Native Americans on reservations, because all of their cases come under Federal jurisdiction. There is no evidence that Native American offenders warrant any harsher treatment than any other offenders.

   Now, with no more basis than we had before, just the name of the crime and the continuing political appeal of appearing tough on sex offenders, we are again greatly increasing penalties with more death penalties and increased mandatory minimums, including more mandatory minimums for teenagers having consensual sex.

   Now, we can all agree that 35, 45-year-old or even older persons, enticing or transporting a minor across State lines to engage in sexual activity is despicable and should be severely punished. However, the mandatory minimum sentences in this bill include the

[Page: H5724]

18-year-old high school student who entices or transports a 17-year-old boyfriend or girlfriend across State lines.

   Under the provisions of the bill, prom night in the Washington D.C., Virginia, and Maryland area could have nightmarish consequences. And to show how ridiculous it could be, if two teenagers, one 18 and one 17, engage in sexual activity without crossing a State line, you will have, if there is any prosecution at all, it will be a misdemeanor on the part of the 18-year-old. So we have the absurd anomaly of making what is now an infrequently prosecuted misdemeanor into a 10-year mandatory minimum sentence for teens who cross State lines to do it. Imposing a 10-year mandatory prison term on teenagers engaged in consensual sex is not responsible legislating.

   Rather than taking such cases out of the bill, we are told that we should simply trust the prosecutor. Don't trust the Sentencing Commission's discretion to set guidelines designed to reflect what sentence should be based on the facts and circumstances of the case or the background and role of the offender, rather than simply the name of the case, the name of the provision. And don't trust judges to look at the facts and circumstances of the case, the offender's role and background and guidelines to arrive at an appropriate sentence after hearing all of the evidence at trial. Take the discretion away from these officials and trust prosecutors to decide when to ignore law requiring a 10-year mandatory minimum sentence. And trust there are no prosecutors who can be affected by issues such as local political influences.

   A few years ago, in Georgia, involving an interracial couple, a teenager got 10 years for having consensual sex with his teenage girlfriend.

   The problem with mandatory minimum sentences is that they defy common sense. If you deserve the mandatory minimum, you can get it. If it violates common sense, you have to get it anyway.

   Many studies have shown that mandatory minimums wasted taxpayers' money, are unfairly applied to minorities, and violate common sense.

   The jury is out as to whether publicly accessible sex offender registers will have any beneficial effect on reducing sex crimes, but the studies that have been done indicate that the registries do not have any effect in reducing sex crimes. And I have seen no study that suggests that the policy of posting the name of juvenile delinquents, as this bill does, on the Internet, serves any constructive purpose.

   Of course, programs and grants to assist children and to provide the type of sex offender treatment that studies have been shown that can cut recidivism in half are not in this bill. (Notice, no sex offender treatment.)

   And so, Mr. Speaker, unlike most of my colleagues we will hear from today, I believe that we can do better than this bill to effectively address the scourge of child sexual assault.

   Most of the criminals affected by the mandatory minimums in this bill deserve the punishment in the bill, but they would have gotten it anyway under present law. But a 10-year mandatory minimum for consensual prom night activities does not make sense.

   Mr. Speaker, I reserve the balance of my time.

   Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman from Wisconsin (Mr. Green).

   Mr. GREEN of Wisconsin. Members, I rise in favor of the Adam Walsh Child Protection Safety Act. In my opinion, very honestly, I think this is the most important child safety legislation in modern times.

   What makes this bill so powerful is that it gives law enforcement and, more importantly, families, vital tools for keeping our children safer. It expands the sex offender registry. It updates it. It makes it more usable in communities all across this country.

   This legislation has the Amie Zyla Act, which I wrote with the help of Mark and Amie Zyla.

   Ten years ago, Amie Zyla was then a young girl in Waukesha, Wisconsin. She was sexually assaulted by a 14-year-old boy. Her assailant was released after he turned 18, but because he committed that offense as a juvenile, law enforcement officials were not allowed to inform the community of his presence. He went on to get a job at a teen center, and he tragically victimized other children. (Notice, he failed to say that the state kicked the offender out of therapy)

   These crimes were absolutely preventable if only law enforcement had the authority and the tools to let people know they a serious sex offender in their midst.

   Thanks to Amie's courage in telling America her story, we can now protect the public from dangerous criminals like her assailant because they will be included on the registry. (Notice, the false belief that, keeping people on a registry protects the public, I fail to see how)

   This great bill also contains the DNA fingerprinting provisions that I authored. These provisions will close a loophole that have let thousands of convicted sex offenders avoid submitting their DNA simply because they were convicted before we had the laws on the books requiring DNA to be taken upon their arrest and conviction.

   I want to thank the chairman for his leadership in bringing this legislation to the floor. I want to thank Mark and Amie Zyla for telling their story. I want to thank my friend, Marc Klaas, for his dedication to improving our child safety laws. And of course, like so many today, I want to thank John Walsh for never giving up in the pursuit of justice.

   John, I know that the pain is still there after 25 years. But I also know that you have lifted the lives of so many with your strong, clear voice. Thank you for helping us get to these days. Thank you for giving us the tools that we need to help keep family safer.

   Mr. SCOTT of Virginia. Mr. Speaker, I reserve the balance of my time. (Notice, this is an error, Mr GREEN was speaking)

   Mr. SENSENBRENNER. Mr. Speaker, I yield 1 1/2 minutes to the gentleman from Indiana (Mr. Pence).

   Mr. PENCE. Mr. Speaker, I thank the chairman for yielding and I thank him from my heart, as a dad of three small children, for Chairman Jim Sensenbrenner, once again, tenaciously achieving measurable gains in the law to protect our families and protect our children in the Adam Walsh Child Protection and Safety Act.

   I am particularly humbled because title V of this legislation is derived from a bill that I introduced in Congress, the first session, the Child Pornography Prevention Act. As the title states, the intent of my legislation is to prevent American children from becoming victims of pornography because, as we know, child pornography is the fuel that fires the wicked hearts of child predators, in addition to abusing the children involved.

   A main tenet of my bill is the addition of language that will fix a technicality that so-called home pornographers have used to evade Federal prosecutions, and it is in this legislation.

   Another element of my bill is the addition of a new section to the criminal code, section 2257(a) which adds a recordkeeping requirement that will force producers of sexually explicit material to keep records of the names and ages of their subjects when they are engaged in simulated sexual activity, another measurable gain in the law for children.

   Providing law enforcement with the tools to combat child pornography contained in this legislation is a much needed and overdue step that must be taken to protect our kids from those in society who have no decency, no conscience and no shame.

   I urge passage of the Adam Walsh Child Protection and Safety Act of 2006. It is time to protect our kids. Today, thanks to the leadership of Judiciary Committee Chairman Jim Sensenbrenner, we take a giant step toward doing just that.

  • [Begin Insert]

   Mr. Speaker, before us today is the Adam Walsh Child Protection and Safety Act of 2006 (H.R. 4472). I am a strong supporter of this legislation, and urge and command Chairman SENSENBRENNER for tenaciously acting measurable gains for families and children again.

   Title V of this legislation is derived from a bill that I introduced in the First Session of this Congress, the Child Pornography Prevention Act. As the title states, the intent of my legislation is to prevent American children from becoming victims of pornography because as we know, Mr. Speaker, the fuel that fires the wicked hearts of child predators is child pornography.

   Every day in America, children are exploited in pornography--sometimes by those closest to them in their homes. In the home, children are forced to pose for pornographic pictures or act in pornographic videos by family members, family friends, caretakers and other trusted individuals who violate that trust. These pictures and videos are posted on the Internet or surreptitiously spread to sexual predators.

[Page: H5725]

   A main tenet of my legislation is the addition of language that will fix a technicality that so-called home pornographers have used to evade federal prosecution on child pornography charges. Home pornographers use digital cameras, Polaroid cameras and video cameras to make pornographic pictures and videos of children, and they download child pornography from the Internet onto their home computers. My legislation makes clear that federal prosecutions of home pornographers can proceed in federal courts because their activities impact interstate commerce. This is a fix that must be made now in order to protect children at home.

   Another element of my bill is the addition of a section to the criminal code, Section 2257A, which adds a record-keeping requirement that will force producers of sexually explicit material to keep records of the names and ages of their subjects when they are engaged in simulated sexual activity.

   Congress previously enacted the PROTECT Act of 2003 against the background of Department of Justice regulations applying section 2257 to both primary and secondary producers. That fact, along with the Act's specific reference to the regulatory definition that existed at the time, reflected Congress' agreement with the Department of Justice's view that it already had the authority to regulate secondary procedures under the applicable law.

   A federal court in Colorado, however, recently enjoined the Department from enforcing the statute against secondary producers, relying on an earlier Tenth Circuit precedent holding that Congress had not authorized the Department to regulate secondary producers. These decisions conflicted with an earlier D.C. Circuit decision upholding Congress' authority to regulate secondary producers. Section 502 of the bill is meant to eliminate any doubt that section 2257 applies both to primary and secondary producers, and to reflect Congress' agreement with the regulatory approach adopted by the Department of Justice in enforcing the statute.

   My bill goes a step further by requiring that records be kept for lascivious exhibitions--nude photographs and displays. No child should be used in either nude pictures or sexually explicit materials because these items only serve to inflame the prurient interest in child predators. Requiring that records be kept will serve as a deterrent.

   Additionally, my bill requires that the records be made available to investigators for inspection. Failure to keep the records or allow inspections is a criminal offense. By strengthening the law in this manner, we will provide both a strong deterrent to the use of children in sexually explicit materials and the necessary tools to law enforcement to investigate and prosecute those who are not deterred.

   Finally, the legislation expands the ability of investigators and prosecutors to pursue the people who distribute child pornography. These distributors also will be required to follow the record-keeping provision, and this will provide law enforcement with a powerful tool to use against them. These are devious people who work in cohorts with pornographers to sell child pornography, but who currently can work out of sham corporations to avoid prosecution. My legislation will empower prosecutors with the ability to charge and convict these people.

   Providing law enforcement with the tools to combat child pornography contained in my legislation is a much-needed and overdue step that must be taken to protect our children from those in our society who have no decency and know no shame.

   Mr. Speaker, I urge passage of the Adam Walsh Child Protection and Safety Act of 2006. It is time to protect our children, and today we take a significant step toward that goal.

  • [End Insert]

   Mr. SCOTT of Virginia. Mr. Speaker, I yield 3 minutes to the gentleman from North Dakota (Mr. Pomeroy), one of the leading authors of the bill.

   Mr. POMEROY. Mr. Speaker, 25 years ago the abduction and killing of Adam Walsh was a tragedy that changed forever the lives of his family members. And the change that occurred in his father, John Walsh, has, as a result, changed our Nation as he has become such a superbly effective advocate of the families of victims as they have stood for justice time and time again.

   Today this Congress has a chance, in memory of Adam Walsh, to again change this country by passing a law that will bring much needed protections and fully capturing the marvelous new technologies of the Internet and using them as a means for families to protect themselves, to protect their children from those who would prey upon them. And the need to address this nationally is demonstrated time and time again.

   Some might suggest the heart of this bill is the Dru Sjodin National Sex Registry, named in memory of Dru Sjodin.

   I have a card that I carry of Dru. She was a talented, engaging, wonderful student at the University of North Dakota. She was abducted from the parking lot of a shopping center and killed.

   The individual now on trial for her murder was a registered sex offender, but only across the State line, which, in the context of Grand Forks, North Dakota, is just across the river. So Alfonso Rodriguez, identified, long incarcerated in the State of Minnesota, identified as a high risk sex offender within the State of Minnesota, but unknown to those of us in North Dakota.

(Note:  This lawmaker’s claim is absurd, Rodriguez (registered in North Dakota) drove across a bridge –crossing state lines- and committed a crime in Minnesota. What this lawmaker is saying is, that if there was a National Registry ONLY THEN would folks in Minnesota know about Rodriguez.  That’s moronic, people living at the edge of a state know to check the registry of the other state, if thy want to, as it too is on the Internet.  Further, the lawmaker presumes that Rodriguez would FIRST REGISTER when he crossed that bridge between states, then go commit the crime. Totally absurd. How did he get to be a lawmaker?)

   We need a national registry so we know where these high risk predators are and we can find them, (Note: Rodriguez was registered, so they knew where he was, but that is the fallacy of registries, they only tell where a RSO sleeps, not where he is.) not just law enforcement finding them, as has been advanced so nobly over the years by the Jacob Wetterling Registry, but all of our families. It is time for all of our families to have access to this information. And so this registry, providing name, providing residence, providing place of employment, providing automobile, is all very vitally important information to be available to the public.

   Additionally, the components of this bill that have stepped up monitoring by local law enforcement, Federal grant dollars to assist them in the manpower required to keep an eye on these predators in our midst. And then the stiff minimum sentences, also an essential component of this legislation.

   I commend the chairman, Chairman Sensenbrenner, with whom it has been my great pleasure to work as one of the Democrats strongly supporting this legislation. I believe that there is nothing more fitting for us to do in honor of these victims than pass the legislation which will keep other families safe.

   I urge support of this legislation.

   Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman from Florida (Mr. Foley).

   Mr. FOLEY. Mr. Speaker, I rise to offer my strong support for the Adam Walsh Child Protection and Safety Act.

   I remember that tragic day in Hollywood, Florida, when a young Adam Walsh hit the headlines, having been abducted from a mall in our State. Over 2 years ago, his father, John Walsh, and Ernie Allen approached me to discuss what they saw as a growing and dangerous threat to our children, sex offenders. We talked about the fact there were over 500,000 sex offenders listed on various State registries, but because of poor Federal and State laws, we were missing over 150,000 of them. (Maybe some were in lawmaking positions that’s why you could find them!) Soon after that meeting, I began work on the Sex Offender Registration Notification Act, which is contained in this bill today.

   The Adam Walsh Act is the most comprehensive piece of child protection legislation this Congress has ever considered. The bill creates, among other things, new State and Federal regulations, community notification requirements, as well as new Federal criminal penalties for sex offenders. It also gives law enforcement new resources, including authorizing U.S. Marshals to go after missing sex offenders, 20 new task forces, 200 new Federal prosecutors, 45 new forensic scientists dedicated to investigating crimes against children.

[Time: 12:00]

   It used to be that we tracked library books better than we do sex offenders, but this bill will even that score.

   I am grateful to Chairman Sensenbrenner for his leadership and willingness to work with so many Members across the political aisle on this important issue. I want to thank the Speaker for keeping his word to get this bill to the President by July 27, the 25th anniversary of Adam's death.

   Mr. Speaker, there are many people who made this day a reality, but the two people who should take the most credit are the parents of Adam Walsh, and that is John and his wife, Reve. It still amazes me to this day the way they were able to turn Adam's death into a lifelong crusade to protect our Nation's children. Their passion and commitment have led to the creation of the National Center for Missing and Exploited Children and to the rescue of countless children.

   John and Reve, our Nation thanks you for everything you have done.

   I want to especially thank Bradley Schreiber, my legislative director; Michael Volkov; Phil Kiko; and Sean

[Page: H5726]

McLaughlin of the House Judiciary Committee for their outstanding efforts.

  • [Begin Insert]

   Mr. Speaker, as Co-chairman of the Congressional Missing and Exploited Children's Caucus and author of the Sex Offender Registration and Notification Act and the Internet Safety Act contained in this bill, I rise to offer my strong support for the Adam Walsh Child Protection and Safety Act and urge my colleagues to vote for it.

   Over two years ago, John Walsh and Ernie Allen approached me at a missing children's conference I was hosting in Florida to discuss what they saw as a growing and dangerous threat to our children--sex offenders. We talked about the fact that there were over 500,000 sex offenders listed on the various state registries but, that because of the patchwork of federal laws on the books, we were missing over 150,000 of them. I also discovered--which was even more surprising to me--that there is a 200,000 person difference between all of the state registries and the federal National Sex Offender Registry.   (Note: This is an interesting number 200,000 because it may be that is the number of duplicates that have been sent to the National Registry. When a person moves to a new state and registers, the receiving state lists the offender and address, also the state the offender left lists the offender and his new address; the national registry deletes duplicate record recognizing what occurred.  Unfortunately lawmakers are not so intelligent as computers are.) Soon after that meeting, I began work on the Sex Offender Registration and Notification Act which is contained in the measure we have before us today.

   The Adam Walsh Act is arguably the most comprehensive piece of child protection legislation that Congress has ever considered. The bill creates, among other things, new state and federal registration and community notification requirements, as well as new federal criminal penalties, for sex offenders. It also gives law enforcement new resources including: authorizing the U.S. Marshals to go after absconded sex offenders; 20 new Internet Crimes Against Children Task Forces; 200 new federal prosecutors for prosecuting child sex offense; and, 45 new computer forensic scientists dedicated to investigating crimes involving the sexual exploitation of children and related offenses.

   One of the basic tenets of the Due Process Clause is to give criminal suspects notice. So, for those pedophiles and predators across this country that have harmed a child or are considering harming a child let me tell you now that you are on notice. We will find you, prosecute you and monitor you--in some cases, for the rest of your life. Your days in the shadows are over and our children will no longer be your prey.

   We used to track library books better than we do sex offenders, but this bill will even that score.

   I am very grateful to Chairman SENSENBRENNER for not only his leadership and his willingness to work with me on this issue but for the fact that he did not bend to the Senate and was able to produce the strong bill we are going to pass today.

   I want to thank Speaker HASTERT for keeping his word to get the Adam Walsh bill to the President by July 27th--the 25th Anniversary of Adam's death. I know that both John and Reve are truly appreciative for all that you have done.

   I also want to thank Senators HATCH and BIDEN for their continued, unwavering commitment to protecting our nation's children. These two men have been associated with every major child protection bill in the past 20 years and I am very thankful that they took the lead on the Adam Walsh bill in the Senate.

   Mr. Speaker, there are many people to thank who made this day a reality. But the two people who should take the most credit are John and Reve Walsh. It still amazes me to this day the way they were able to turn Adam's death into a lifelong crusade to protect our nation's children. Their passion and commitment have led to the creation of the National Center for Missing and Exploited Children, the Adam Walsh Center in Florida and to the rescue of countless children. John and Reve: our nation thanks you for everything you have done.

   I also want to thank Mark Lunsoford and the other victim's families. It was their tireless efforts that broke the logjam in the Senate and got us here today.

   I would also like to thank Ernie Allen, Robbie Calloway and Michelle Laxalt for all they did during the past few years helping me try to shepard this bill through Congress and working to keep this issue at the forefront of everyone's minds.

   Last, but not least, I want to thank the staff who committed long hours and a great deal of their personal time to this bill. Phil Kiko, Sean McLaughlin, and Michael Volkov with Chairman Sensenbrenner's staff; Margaret Peterlin with Speaker HASTERT's staff; Ken Valentine with Senator Hatch's staff; Dave Turk with Senator BIDEN's staff; Matt Miner, Todd Bruanstein and Brett Tolman with Chairman SPECTER's staff; Allen Hicks and Brandi White with Senator FRIST's staff; Joe Matal with Senator KYL's staff; Christine Leonard with Senator KENNEDY's staff; Julie Katzman and Noah Bookbinder with Senator LEAHY's staff; Nicole Gustafson with Senator GRASSLEY's staff; and Sharon Beth Kristal of Senator DEWINE's staff.

   Mr. Speaker, I truly appreciate everyone's efforts in making this day a reality.

  • [End Insert]

   Mr. SCOTT of Virginia. Mr. Speaker, I yield 2 minutes to the gentleman from Alabama (Mr. Cramer).

   Mr. CRAMER. Mr. Speaker, I too stand in strong support of this bill. I want to compliment the chairman of the Judiciary Committee for giving us this opportunity. My colleague, Mark Foley, who just spoke, he and I cochaired the Caucus for Missing and Exploited Children.

   Prior to my time here in Congress, I was a district attorney, and I saw too many children victimized by predators that had slipped between the cracks, predators that lived in neighborhoods. Neighbors didn't know it. Schools didn't know it. We can tighten this net of safety around children and families, but only through this bill can we do that.

   I joined with John Walsh in the early 1980s in an effort to form a stronger network of child abuse intervention programs that we built around the country called the National Children's Advocacy Center programs. They exist in 700 or 800 communities around this country, and they are one-stop service centers where child abuse victims and their families can come to get help and support.

   But in establishing centers like this, in bringing network teams together in communities, we found out that that safety net to protect those children and families simply did not exist, and that was because the registration and notification system was practically nonexistent. And even though we, from the 1990s forward, have done everything we can to improve that, we still kept the notice factors in that too private, too available to only a certain select few so that neighbors and communities and schools did not know what they needed to do.

   I want to congratulate John Walsh and his wife, Reve, as well for making sure that they are establishing the next chapter in honor of Adam Walsh. John and Reve have given so much to the rest of this country in making sure that children are protected.

   We need to pass this bill today in Adam Walsh's memory.

   Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentlewoman from New York (Mrs. Kelly).

   Mrs. KELLY. Mr. Speaker, I would like to thank Chairman Sensenbrenner for his hard work on this piece of legislation, which goes a long way toward protecting our children from predators and abusers.

   Our Nation loses four children a day to abuse and neglect. Our government owes it to these children to provide our law enforcement and child protective service communities with a deep, ready, and effective arsenal that they can utilize to protect the most vulnerable element of our society.

   The conference report contains a provision I authored in the House to create a Federal registry of child abuse and neglect at the Department of Health and Human Services. This registry will close a glaring loophole in our current law which allows child abusers to find sanctuary by merely crossing States' borders. (Note: These are not sex offenders, this pertains to the states’ “central registry” which keeps track of CSP type cases, and yes, some of those cases involve sex abuse.)

   This legislation puts a ``go-to'' Federal resource in place to help local jurisdictions identify and track those with a history of child abuse anywhere in this country. Now our State and local child protection services will be able to access this valuable tool to weed out predators and help them fight child abuse and neglect across State lines. It is a commonsense child protection measure. It was passed by the House twice, and I am very happy to see it included in this conference report before us today.

   With the establishment of the Federal Child Abuse and Neglect Registry, local and State child advocacy services will have a full picture of the individual who would have children placed in their care, abuse them, and then try to escape; and our Nation's most vulnerable children will now be protected.

   I would like to thank Chairman Sensenbrenner again for his leadership on this issue, and I also want to thank my constituent John Walsh for his hard work over many years to bring this bill to fruition.

   Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman from Pennsylvania (Mr. Fitzpatrick).

   Mr. FITZPATRICK of Pennsylvania. Mr. Speaker, I would also like to thank Chairman Sensenbrenner for his leadership in protecting America's families

[Page: H5727]

and for his determination in bringing this bill, H.R. 4472, to the House floor today.

   Mr. Speaker, as the father of six children, I am deeply committed to finding better ways to safeguard the welfare of America's families. That is why I introduced the Justice for Crime Victims Families Act and, with Congressman Foley, the Internet SAFETY Act of 2006. Both of these bills have been included into H.R. 4472, and they will strengthen what is already a sweeping set of improvements to the way law enforcement solve murders and protect kids from online sexual predators.

   The Internet SAFETY Act will increase penalties for registered sex offenders who commit felony offenses involving a minor and set fines and imprisonment for Internet providers who facilitate child pornography. The legislation will also establish an Office of Sexual Crimes and Violence Against Children within the United States Department of Justice.

   These are strong additions to an already thoughtful and comprehensive set of policies outlined in H.R. 4472. Mr. Speaker, I urge my colleagues to adopt this legislation.

   Mr. SCOTT of Virginia. Mr. Speaker, I yield 6 minutes to the gentleman from Wisconsin (Mr. Sensenbrenner) and ask unanimous consent that he be allowed to control that time.

   The SPEAKER pro tempore (Mr. Chocola). Is there objection to the request of the gentleman from Virginia?

   There was no objection. (Note: Unusual)

   Mr. SENSENBRENNER. Mr. Speaker, I thank the gentleman from Virginia for yielding the time, and I yield 2 minutes to the gentleman from Georgia (Mr. Gingrey).

   (Mr. GINGREY asked and was given permission to revise and extend his remarks.)

   Mr. GINGREY. Mr. Speaker, I rise today in support of H.R. 4472, the Adam Walsh Child Protection and Safety Act.

   Mr. Speaker, this bipartisan legislation is a victory in the fight to keep our children safe. There are many critical and important provisions included in this bill. In particular, Mr. Speaker, I want to thank the House and Senate conferees for including in this legislation a provision that I introduced in the House earlier this year, a provision that is entitled Masha's Law.

   Last year I learned of a shocking inequity that exists in our current law. Currently, a person who illegally downloads music faces penalties in civil court that are three times as harsh as a person who downloads child pornography. This horrible inequity was the inspiration behind the introduction of Masha's Law, and this provision dramatically increases civil statutory damages for child exploitation, creating a civil avenue victims of child sexual exploitation can pursue to recover monetary damages from these predators. This includes those who produce, distribute, and consume child pornography.

   Mr. Speaker, I want my colleagues to know that Masha's Law is named after a brave 13-year-old girl from my district, Masha Allen. Masha was born in Russia and placed in a state orphanage because her mother was an alcoholic and a drug addict. When she was 5 years old, a man from the United States was allowed to adopt her through an international adoption agency. This man started sexually abusing her the very first night she arrived in America.

   Fortunately, this perpetrator is now behind bars. However, over the years of his abuse of Masha, he photographed her, posted her pictures, and traded her pornographic images over the Internet. The sad reality is that, although these monsters can be put behind bars, the victims of Internet child pornography will continue to be exploited, and this is why I introduced Masha's Law.

   Mr. Speaker, a compassionate society looks after the most vulnerable among us, our children. I urge my colleagues to support the Adam Walsh Child Protection and Safety Act so we can protect our most precious commodity, innocent children like Masha, and give back hope to those who need it most.

  • [Begin Insert]

   Mr. Speaker, I rise today in support of H.R. 4472, the Adam Walsh Child Protection and Safety Act. This bipartisan legislation is a victory in the fight to keep our children safe. There are many critical and important provisions included in this bill, provisions that allow States to better track convicted sex offenders, ones that tighten up loop holes in current sex offender registration and notification laws, and ones that empower law enforcement through increased coordination.

   In particular, Mr. Speaker, I want to thank the House and Senate conferees for including in this legislation a provision I introduced in the House earlier this year, a provision entitled ``Masha's Law.''

   Last year I learned of a shocking inequity that exists in our current law. Currently, a person who illegally downloads music faces penalties in civil court that are three times as harsh as a person who downloads child pornography. This horrible inequity was the inspiration behind the introduction of Masha's Law.

   This provision dramatically increases civil statutory damages for child exploitation, creating a civil avenue victims of child sexual exploitation can pursue to recover monetary damages from their predators. This includes those who produce, distribute, and consume child pornography.

    Mr. Speaker, I want my colleagues to know that Masha's Law is named after a brave 13-year old girl from my district, Masha Allen. Masha was born in Russia and placed in a state orphanage because her mother was an alcoholic and drug addict. When she was five years old a man from the United States was allowed to adopt her through an international adoption agency. This man started sexually abusing her the first night she arrived in America.

   Fortunately, this perpetrator is now behind bars. However over the years of his abuse of Masha he photographed her, posted her pictures and traded her pornographic images over the internet. The sad reality is that although these monsters can be put behind bars, the victims of internet child pornography will continue to be exploited.

   This is why I introduced Masha's law. It allows these individuals a pathway to recover damages they have suffered from these crimes and allows them to pursue this avenue even after they are no longer a minor. Therefore as their pictures are downloaded and traded, year and year, these victims can continue to seek justice from these horrendous crimes.

   Mr. Speaker, a compassionate society looks after the most vulnerable among us, our children. I urge my colleagues to support the Adam Walsh Child Protection and Safety Act, so we can protect our most preciously commodity, innocent, children like Masha, and give back hope to those who need it the most.

  • [End Insert]

   Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentlewoman from Florida (Ms. Ginny Brown-Waite).

   Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise today in strong support of H.R. 4472, the Adam Walsh Child Protection and Safety Act of 2006.

   Finally, we have a bill passed by both this body and the Senate for the President to sign. Finally, Mark Lunsford has a legacy for his daughter Jessica of a guardian angel keeping children safe by closing dangerous loopholes in our law. Finally, the family and friends of Adam Walsh, Carlie Brucia, Sarah Lunde, and so many others can sleep a little better at night knowing we are helping to protect America's precious children.

   My heart is still broken for the loss of Jessica Lunsford and all the joys in life that she will miss. At least she will be in a better place where no one can ever harm her again.

   Mr. Speaker, certainly Chairman Sensenbrenner, who worked tirelessly on this bill, deserves a great deal of credit.

   Back when I first heard about Jessica's disappearance, I knew that we could not sit back and do nothing. For instance, the probation officer for Jessica's alleged killer, John Couey, never knew that he was a convicted sex offender. (Note: Like probation officers do not have a criminal history of those they supervise, this is absurd)  I introduced a bill, and Chairman Sensenbrenner was kind enough to include it in this comprehensive bill, that fixes that.

   The alleged perpetrator also did not have a current address on file with law enforcement, as he should have. This bill demands more frequent updates and checks. (Note: More frequent updates and checks would not have changed the outcome of the John Couey case, but the probation officer doing his job could have changed the outcome. i.e., having a criminal history of John Couey.) It also provides some grant mechanisms to be sure that the localities can pay for this additional registration. The bill empowers States to do just as Florida has done and use GPS monitoring devices to track offenders.

   I know in my heart that these changes will genuinely help equip our law enforcement to better protect the most innocent in our society, our children.

   My good friend Congressman MARK FOLEY has said numerous times that previously we tracked library books better than we tracked sex offenders. Thankfully, that will be no more.

  • [Begin Insert]
[Page: H5728]

   Mr. Speaker, I rise today in strong support of H.R. 4472, Adam Walsh Child Protection and Safety Act of 2006.

   Finally, we have a bill passed by both this body and the Senate for the President to sign.

   Finally, Mark Lunsford has a legacy for his daughter Jessica of a guardian angel, keeping children safe by closing dangerous loopholes in the law.

   Finally, the family and friends of Adam Walsh, Carlie Brucia, Sarah Lunde, and so many others can sleep a little better at night, knowing we are helping to protect America's precious children.

   My heart is still broken for the loss of little Jessica Lunsford and for all the joys in life that she will miss.

   At least she is in a better place, where no one can ever harm her again.

   Mr. Speaker, I am awed and humbled to have worked on this legislation with Chairman SENSENBRENNER, who has worked tirelessly to pass this bill.

   When I heard about the manor of Jessica's disappearance, I knew I could not sit back while there were many changes I could make to fix the law.

   For instance, the probation officer for Jessica's alleged killer, John Couey, never knew he was a convicted sex offender. This bill fixes that.

   Couey did not keep a current address on file with law enforcement as he should have. This bill demands more frequent updates and checks.

   And we didn't have any method of tracking sex offenders after release from prison, though they have such high rates of recidivism. This bill empowers states to do as Florida has done and use GPS monitoring devices to track offenders.

   I know in my heart that these changes will genuinely help equip law enforcement to protect the most innocent in our society--our children.

   My good friend, Congressman MARK FOLEY, has said numerous times that we track library books better than we track sex offenders. Well, no more.

   I urge my colleagues to support this bill and send it to the President for his signature.

  • [End Insert]

   Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman from Arizona (Mr. Hayworth).

   (Mr. HAYWORTH asked and was given permission to revise and extend his remarks.)

   Mr. HAYWORTH. Mr. Speaker, I rise in strong support of this good commonsense bill. It will protect our children from sexual predators and sex trafficking and provide more tools for law enforcement to help defend our kids.

   Last year during House floor consideration of this important legislation, Representative Sue Kelly and I offered an amendment to create a national child abuse registry within the Department of Health and Human Services. This registry will remove the loophole in our local laws that allows child abusers to remain anonymous by moving to another State. This provision will require that States share with other States information that they already collect and share with their counties, cities, and towns.

   A national child abuse registry is strongly supported by a number of child advocacy organizations including ChildHelp USA.

   Mr. Speaker, my colleagues, by working together, we can strengthen our efforts to protect children from predators. Again, I urge this House to pass this commonsense legislation.

   Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman from Ohio (Mr. Gillmor).

   (Mr. GILLMOR asked and was given permission to revise and extend his remarks.)

   Mr. GILLMOR. Mr. Speaker, I thank the gentleman for yielding.

   Mr. Speaker, I rise today in wholehearted support of this legislation. I think it stands as a testament to Congress's heeding the call of the American public for increased protections from these dangerous sexual predators.

   I would like to commend Chairman Sensenbrenner for his leadership and for his unwavering commitment to ensure that American families receive the necessary tools to protect their loved ones. As a father of three young children, I feel a special appreciation for the benefits that this legislation will provide, not the least of which is a national database of sexually violent offenders accessible to all Americans via the Internet, enhanced community notification measures, and a study to assess the merits of a standardized national risk-based classification system. I particularly want to thank the chairman for working with me in including those provisions which were set forth in two bills I had previously introduced.

   I urge passage of the bill.

   Mr. SCOTT of Virginia. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

   Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of my time.

   Mr. Speaker, let me say that this vote will draw to a close congressional consideration of legislation that has brought together Republicans and Democrats, concerned parents, and those who are related to victims from around the country. And this has become somewhat of a crusade in order to make necessary changes to prevent more sexual predators from falling through the cracks and molesting and harming and even murdering innocent victims.

   

[Time: 12:15]

   The Child Safety Act of 2006, I believe, is appropriately named after Adam Walsh. One of the things I did early in my service in Congress was to work with the Walshes to pass the first bill which put the names of missing children in the FBI's National Crime Identification File. There were problems in alerting law enforcement back in the early 1980's when a child had been abducted, and, as a result, those who did abduct the children were able to take them far away before law enforcement was able to weave the net around these people, and many tragedies occurred, including the brutal murder of the Walsh's beloved son, Adam.

   I really want to commend John Walsh and his wife, because they have used the tragedy of their son's death and the grief that it caused to be able to make America a safer place for children, not only those that are here now, but those that are to be born in this country and who come to this country.

   The Children's Safety Act of 2003 was a necessary start. This bill improves on the Children's Safety Act of 2003, plugs more loopholes, and America will be a safer place as a result of all of the people who have worked on behalf of this legislation. I would like to publicly thank all of them. There are too many to list by name, but in my full statement that I put into the record, I listed the names of a lot of very well-publicized victims. Let's hope that this bill makes sure that there are no more names added to that list.

   Vote in favor of the bill, send it to the President.

   Mr. Speaker, I include for the Record an exchange of letters between Mr. Thomas, Chairman of the Committee on Ways and Means, and myself.

   COMMITTEE ON WAYS AND MEANS,

   HOUSE OF REPRESENTATIVES,
Washington, DC, July 24, 2006.
Hon. F. JAMES SENSENBRENNER, Jr.,
Chairman, Committee on the Judiciary, Washington, DC.

   DEAR CHAIRMAN SENSENBRENNER: I am writing concerning H.R. 4472, the ``Adam Walsh Child Protection and Safety Act of 2006,'' which is scheduled for floor action on Tuesday, July 25, 2006.

   As you know, the Committee on Ways and Means has jurisdiction over matters concerning certain child welfare programs, particularly as they pertain to foster care and adoption. Section 152 of the bill would require States to conduct safety checks of would-be foster and adoptive homes as well as eliminate the ability of States to opt-out of Federal background check requirements restricting Federal support for children placed with foster or adoptive parents with serious criminal histories. Section 152 also would require States to check child abuse registries for potential foster and adoptive parents. Thus these provisions fall within the jurisdiction of the Committee on Ways and Means. However, in order to expedite this bill for floor consideration, the Committee will forgo action. This is being done with the understanding that it does not in any way prejudice the Committee with respect to the appointment of conferees or its jurisdictional prerogatives on this bill or similar legislation.

   I would appreciate your response to this letter, confirming this understanding with respect to H.R. 4472, and would ask that a copy of our exchange of letters on this matter be included in the Congressional Record during floor consideration.

   Best regards,

   Bill Thomas,
Chairman.

--

   CONGRESS OF THE UNITED STATES,

   HOUSE OF REPRESENTATIVES,

   Washington, DC, July 25, 2006.
Hon. BILL THOMAS,
Chairman, Committee on Ways and Means, House of Representatives, Washington, DC.

   DEAR CHAIRMAN THOMAS: Thank you for your letter regarding H.R. 4472, the ``Adam

[Page: H5729]

Walsh Child Protection and Safety Act of 2006.'' I acknowledge your jurisdictional interest in this legislation and agree that your decision to waive consideration of this bill shall not be construed to prejudice the jurisdiction of the Committee on Ways and Means over this or similar legislation.

   I will include a copy of your letter and this response in the Congressional Record during consideration of H.R. 4472 on the House floor.

   Thank you for you assistance in this matter.

   Sincerely,

   F. James Sensenbrenner, Jr.,
Chairman.

  • [Begin Insert]

   Mr. UDALL of Colorado. Mr. Speaker, I rise in support of this legislation, which embodies a bipartisan and bi-cameral agreement that includes important provisions to protect children.

   The bill will create a National Sex Offender Registry with uniform standards for the registration of sex offenders, including a lifetime registration requirement for the most serious offenders. This is a vital step to improve the current patch-work quilt of 50 different state systems for identifying and tracking sex offenders. The bill also authorizes much-needed grants to help local law enforcement agencies establish and integrate sex offender registry systems.

   Under the bill, states will be required to maintain sex offender registries accessible to the public on the Internet and to make failure to register a felony. Sex offenders will be required to provide DNA samples and will be subjected to more frequent in-person verification of information about their residences and workplaces.

   The bill targets child-exploitation enterprises and registered sex offenders who commit offenses against minors, including obscene visual representations of sexual abuse of children and sex trafficking of children. It includes several provisions designed to better combat child pornography, including authorizing civil and criminal asset forfeiture in child pornography cases. And it authorizes new grant programs that will help local law enforcement agencies combat sexual abuse of children by enabling them to hire more people, add computer hardware and software, and take other steps to apprehend sex offenders who violate registry requirements. It also authorizes a new grant program for the National Crime Prevention Council, a private, nonprofit organization that has expertise in promoting crime prevention programs through public outreach and media campaigns.

   The bill also authorizes 88 new prosecutors within the U.S. Attorneys' Offices to prosecute child sex offenses, including child exploitation, child sexual abuse, and child obscenity and pornography offenses. It authorizes 10 additional Justice Department task forces to address Internet crimes against children. It authorizes the Justice Department to provide grants to states, local governments, and nonprofit organizations to establish and maintain programs to educate children and parents on the best way to be safe using he Internet. It authorizes the Justice Department, in consultation with the National Center for Missing and Exploited Children, to develop and carry out a public awareness campaign to demonstrate how to better protect children when using the Internet. And it authorizes the Justice Department to provide fingerprint-based background checks to child welfare agencies as well as to private and public educational agencies so they can carry out background checks on prospective adoption or foster parents, private and public teachers, and school employees.

   As a cosponsor of H.R. 4005, the National Police Athletic League (PAL) Youth Enrichment Reauthorization Act of 2005, I am also glad to note that the version of the bill now before the House includes provisions similar to those of that bill.

   The PAL program brings youth under the supervision and positive influence of a law enforcement agency and expands public awareness about the role of a police officer in the local community and reinforces responsible values and attitudes instilled in young people by their

   parents. It utilizes educational, athletic and recreational activities to create trust and understanding between police officers and youth. It is based on the conviction that young people--if they are reached early enough--can develop strong positive attitudes towards police officers in their journey through life toward the goal of maturity and good citizenship.

   A volunteer-driven organization with an estimated 80,000 volunteers across the country supporting all levels of programming, PAL has a 90-year history of caring and providing alternatives for youth at risk. Today, it offers structured and personal guidance in a safe, friendly environment and provides a variety of activities, from organized competitive sports, recreational activities, arts and educational programming to cultural and social skill development programs. This bill will help it carry out that important work.

   I do have concerns about some aspects of the bill, including a provision allowing some juvenile offenders over 14 to be included in publicly available sex offender registries. However, on balance I think this is a good, strong bill and I support its enactment.

   Mr. EMANUEL. Mr. Speaker, I rise today in strong support of H.R. 4472, the Adam Walsh Child Protection and Safety Act of 2006. This Act will greatly improve the national program to register and monitor child predators.

   I am especially pleased that the Act includes all of the major provisions of the Jessica Lunsford and Sarah Lunde Act, which I introduced in July of 2005. This act creates grants for state and local governments to implement electronic monitoring programs of child sex offenders, using GPS technology and other electronic methods to track sexual predators upon their release from prison.

   Electronic tracking of sexual predators will provide law enforcement with the real time location of the offender within 10 feet of their location. These measures enhance the capability of law enforcement to provide children and their parents with the protections they need.

   Today there are nearly 550,000 registered sex offenders in the United States, approximately one offender for every 200 children under 18 years old. As the numbers grow, it's becoming almost impossible for law enforcement to track these offenders. Electronic monitoring cannot replace law enforcement officers monitoring convicted sex predators, but it will provide officials with the tools they need to protect our children and grant parents much deserved peace of mind.

   The Adam Walsh Child Protection and Safety Act of 2006 also requires every state to maintain a sex offender-registry and directs the Attorney General and FBI to maintain a National Sex Offender registry with updated and detailed information about sex offenders. Accessible and thorough information about sexual predators is essential to guaranteeing the safety of our children and preventing previous offenders from striking again.

   Mr. Speaker, far too many sex offenders are able to slip through the cracks and become lost to law enforcement officials. The Adam Walsh Child Protection and Safety Act of 2006 greatly increases law enforcement's ability to protect our children and provide peace of mind to parents. This Act is an important step to ensuring the safety of our nation's children and I urge my colleagues to support it.

   Mr. MEEK of Florida. Mr. Speaker, I rise in strong support of this bill.

   Today, the House is considering the Senate-passed version of H.R. 4472, the Adam Walsh Child Protection and Safety Act, which includes the language of the National Police Athletic/Activities League (PAL) Youth Enrichment Reauthorization Act of 2005, H.R. 4005, of which I am a prime sponsor.

   PAL is a youth crime prevention program that utilizes educational, athletic and recreational activities to create trust and understanding between police officers and youth. It is based on the understanding that young people--if they are reached early enough--can develop strong positive attitudes toward police officers and gain the skills needed to achieve success throughout their lives.

   The bill will reauthorize the National Police Athletic League Youth Enrichment Act of 2000 (P.L. 106-367). It will also authorize $16 million per year in assistance to National PAL and the 350 local PAL chapters around the country; help establish 250 (50 per year) new PAL chapters; and provide support for the annual Youth Leadership Conference.

   The PAL program brings youth under the supervision and positive influence of a law enforcement agency and expands public awareness about the role of a police officer in the local community and reinforces responsible values and attitudes instilled in young people by their parents.

   I strongly urge my colleagues to support this important legislation, so that we can continue to fund this program, which provides such good guidance and direction to so many of our youth.

   Mr. PENCE. Mr. Speaker, before us today is the Adam Walsh Child Protection and Safety Act of 2006 (H.R. 4472). I am a strong supporter of this legislation, and urge its passage.

   Title V of this legislation is derived from a bill that I introduced in the First Session of this Congress, the Child Pornography Prevention Act. As the title states, the intent of my legislation is to prevent American children from becoming victims of pornography because as we know, Mr. Speaker, the fuel that fires the wicked hearts of child predators is child pornography.

   Every day in America, children are exploited in pornography--sometimes by those closest to them in their homes. In the home, children are forced to pose for pornographic pictures or act in pornographic videos by family members, family friends, caretakers and other trusted individuals who violate that trust. These pictures and videos are posted on the Internet or surreptitiously spread to sexual predators.

   A main tenet of my legislation is the addition of language that will fix a technicality that so-called home pornographers have used to

[Page: H5730]

evade federal prosecution on child pornography charges. Home pornographers use digital cameras, Polaroid cameras and video cameras to make pornographic pictures and videos of children, and they download child pornography from the Internet onto their home computers. My legislation makes clear that federal prosecutions of home pornographers can proceed in federal courts because their activities impact interstate commerce. This is a fix that must be made now in order to protect children at home.

   Another element of my bill is the addition of a new section to the criminal code, Section 2257A, which adds a record-keeping requirement that will force producers of sexually explicit material to keep records of the names and ages of their subjects when they are engaged in simulated sexual activity.

   Congress previously enacted the PROTECT Act of 2003 against the background of Department of Justice regulations applying section 2257 to both primary and secondary producers. That fact, along with the Act's specific reference to the regulatory definition that existed at the time, reflected Congress' agreement with the Department of Justice's view that it already had the authority to regulate secondary producers under the applicable law.

   A federal court in Colorado, however, recently enjoined the Department from enforcing the statute against secondary producers, relying on an earlier Tenth Circuit precedent holding that Congress had not authorized the Department to regulate secondary producers. These decisions conflicted with an earlier D.C. Circuit decision upholding Congress' authority to regulate secondary producers. Section 502 of the bill is meant to eliminate any doubt that section 2257 applies both to primary and secondary producers, and to reflect Congress' agreement with the regulatory approach adopted by the Department of Justice in enforcing the statute.''

   My bill goes a step further by requiring that records be kept for lascivious exhibitions nude photographs and displays. No child should be used in either nude pictures or sexually explicit materials because these items only serve to inflame the prurient interest in child predators. Requiring that records be kept will serve as a deterrent. Additionally, my bill requires that the records be made available to investigators for inspection. Failure to keep the records or allow inspections is a criminal offense. By strengthening the law in this manner, we will provide both a strong deterrent to the use of children in sexually explicit materials and the necessary tools to law enforcement to investigate and prosecute those who are not deterred.

   Finally, the legislation expands the ability of investigators and prosecutors to pursue the people who distribute child pornography. These distributors also will be required to follow the record-keeping provision, and this will provide law enforcement with a powerful tool to use against them. These are devious people who work in cohorts with pornographers to sell child pornography, but who currently can work out of sham corporations to avoid prosecution. My legislation will empower prosecutors with the ability to charge and convict these people.

   Providing law enforcement with the tools to combat child pornography contained in my legislation is a much-needed and overdue step that must be taken to protect our children from those in our society who have no decency and know no shame.

   Mr. Speaker, I urge passage of the Adam Walsh Child Protection and Safety Act of 2006. It is time to protect our children, and today we take a significant step toward that goal.

   Mr. HERGER. Mr. Speaker, I rise in strong support of H.R. 4472, the Adam Walsh Child Protection and Safety Act of 2006. This is good legislation that will go a long way towards keeping our children safe from harm.

   I am especially pleased this legislation includes an important provision that I believe will help improve our Nation's child protection system. As part of the Adoption and Safe Families Act of 1997, Federal law was amended to require that States complete background checks prior to approving a prospective foster or adoptive home. If these background checks reveal that would-be foster or adoptive parents have been convicted of certain felonies including murder and crimes against children, such adults are permanently disqualified from receiving Federal funds as foster or adoptive parents. Felony convictions for physical assault, battery, or drug-related offenses disqualify an adult from receiving Federal payments for the child for 5 years. To be clear, States could still place foster children in those homes, they just couldn't use Federal dollars to pay such adults for the care of the children.

   These provisions are designed to ensure children are placed in safe homes and Federal funds are used properly. Currently, 43 States including the District of Columbia comply with these requirements. However, because Federal law currently gives States a choice, eight States opt out of this requirement, which allows them to apply weaker standards concerning which adults are to be entrusted with foster or adoptive children and when Federal funds can be used in such homes.

   In practice, it is our understanding that most of the States actually follow Federal guidelines, leaving only a handful of States that actually apply weaker standards than Federal law expects.

   H.R. 4472 will allow States that opt out of the current Federal standards to continue to do so for the next 2 years. But then all States must comply with the current requirements, which most already follow. States will continue to have the flexibility to define requirements that are stronger than Federal law. It is my hope that during the next 2 years the States that apply weaker standards for who can be a foster or adoptive parent and receive Federal funds will examine their policies an take steps to bring them in line with Federal policy, as the overwhelming majority of States already do.

   It is important that all States satisfy minimum requirements to ensure the safety of children. Children in foster care are literally our responsibility. It is not too much to expect certain minimum standards involving who can be entrusted with their care, especially when Federal tax dollars are paid to such adults. Amazingly enough, some suggest this provision may not increase child safety. I disagree. It is difficult to understand how some can insist that Federal taxpayers must pay adults to be foster or adoptive parents when a background check has uncovered their involvement in past crimes such as murder and crimes against children. Again, States may choose to do whatever they wish with their own dollars, but we have a responsibility to see that children are protected and Federal tax dollars are used wisely. I'm pleased H.R. 4472 will ensure all States follow the same minimum standards for determining who may be entrusted with these vulnerable children and receive Federal funds for their care. I urge my colleagues to support this important legislation.

   Mr. VAN HOLLEN. Mr. Speaker, I rise today in support of H.R. 4472, the Adam Walsh Child Protection and Safety Act of 2006 that will revamp this country's sex offenders registration system. This bill is named in honor of Adam Walsh, the son of John and Reve Walsh, who was abducted 25 years ago. Through the strength and perseverance of John and Reve, they turned the gut wrenching tragedy of the abduction and killing of their son Adam into a lifelong crusade to protect the children of others. The bill before us today is another weapon in this country's arsenal to protect our children from what seems to be an epidemic of abduction and exploitation.

   The National Center for Missing and Exploited Children (NCMEC) estimates that today there are more that 563,000 sex offenders that are ``supposed'' to be registered in this country. Unfortunately, approximately 100,000 of these offenders are currently unaccounted for and therefore, are under the watchful eye of no one.

   H.R. 4472 will create a National registry that will provide enhanced information on a uniform basis thereby replacing a patchwork of individual systems administered and maintained by each State. Through this bill, sex offenders will have the same requirements to register throughout the country. Sex offenders will be required to register before they are released from prison to insure that they don't slip through the cracks. Moreover, this bill will impose stiff penalties for failing to register by imposing a felony.

   While we can never do enough to protect our children, this bill does tighten the weave of the safety net through which many predators have slipped. A uniform national registry of sexual predators will assist law enforcement, parents, and concerned citizens in their vigilance and awareness of who is lurking on our neighborhood waiting to rob our children of their innocence and, all too often, of their lives.

   We owe a special debt of gratitude to the bipartisan group of legislators who steered this bill successfully through Conference, the Walshes, and the National Center for Missing and Exploited Children for making this national registry a reality.

  • [End Insert]

   Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.

   The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the rules and concur in the Senate amendments to the bill, H.R. 4472.

   The question was taken; and (two-thirds having voted in favor thereof)

[Page: H5731]

the rules were suspended and the Senate amendments were concurred in.

   A motion to reconsider was laid on the table.

END