National Police Athletic League (PAL) Youth Enrichment Reauthorization Act of 2005

Mr. Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 4472) to protect children, to secure the safety of judges, prosecutors, law enforcement officers, and their family members, to reduce and prevent gang violence, and for other purposes.

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.

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. 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.

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.

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.

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.

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

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

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

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

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

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

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

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. 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. 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.

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.

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

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.

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.

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.

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

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. 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. 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.

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

McLaughlin of the House Judiciary Committee for their outstanding efforts.

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. 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.

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.

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

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.

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

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

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.

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

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.

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.