TRAC Act

Mr. President, I am pleased to be joined today by Senator Schumer in introducing the Securing Adolescents From Exploitation- Online Act of 2007, otherwise known as the SAFE Act. This bill would clarify and strengthen the requirement that has been a Federal law for almost a decade for electronic communications providers to report images of child pornography to the National Center for Missing and Exploited Children (NCMEC) and then law enforcement. Simply put, this bill is designed reduce the sexual exploitation of our children, and punish those who cause them physical and emotional harm through sexual exploitation.

This bill would state specifically what information must be reported by electronic communications providers to NCMEC; impose higher penalties on companies that do not report child pornography; and require the Department of Justice to report on the number of investigation and convictions of sex offenders and purveyors of child pornography. In addition, the bill would make the use of the Internet for the exploitation of a child an aggravating factor to the underlying offense that would add 10 years imprisonment to a convicted offender's sentence.

Almost 20 years ago, President Reagan inaugurated the opening of the National Center for Missing and Exploited Children, and called on the Center to ``wake up America and attack the crisis of child victimization.'' Today, thanks to the efforts of NCMEC and many others in the public and private sectors, America is more conscious of the dangers of child exploitation. Unfortunately, our children still face significant threats from those who see their innocence as an opportunity to do harm. The continuing victimization of our children is readily and all too painfully apparent in the resurgence of child pornography in our world via the Internet.

Technology has contributed to the greater distribution and availability,

and, some believe, desire for child pornography. Cyberspace is host to more than one million images of tens of thousands of children subjected to sexual abuse and exploitation, according to a report by the Texas State legislature. The same report estimated that the over 14 million pornography sites on the Internet house an estimated one million pornographic images of children with 200 new images being posted daily.

According to ECPAT International, a group dedicated to eliminating the sexual exploitation of children, the production and distribution of abuse images of children is estimated to be at least a 3 billion dollar business annually in the U.S. alone. Of all the child pornography images on the Internet, 55 percent are generated from the United States, according to the same group, but these images are also produced around the world.

Just today, the Associated Press reported that Austrian authorities uncovered a major international child pornography ring involving more than 2,360 suspects from 77 countries, including over 600 in the United States, who paid to view videos of young children being sexually abused. According to authorities, the children shown in the videos were under the age of 14 and could be heard screaming in fear.

This investigation would not have happened without the good work of an employee of a Vienna-based Internet file hosting service who noticed the pornographic material during a routine check and then approached authorities. The employee blocked access to the videos while recording the I.P. addresses of people who continued to try to download the material, and gave the details to authorities. Within a 24-hour period, investigators recorded more than 8,000 hits from 2,361 computer I.P. addresses in 77 countries ranging from Algeria to South Africa.

The Federal Government already has a system in place for electronic communications providers to report these images to NCMEC. The Center is directed by law to relay that information to local, State and Federal law enforcement agencies. This reporting system has been useful, but it is in need of several vital improvements.

Today, Federal law requires electronic communication service providers to report child pornography they discover to NCMEC through the CyberTipline, but the current reporting system does not specify exactly what information should be reported. This failure to set forth specific reporting requirements makes the current statute both difficult to comply with and tough to enforce. This omission may have led to less effective prosecution of child pornographers. During a Senate Commerce Committee hearing I chaired last September, NCMEC testified that, ``because there are no guidelines for the contents of these reports, some [companies] do not send customer information that allows NCMEC to identify a law enforcement jurisdiction. So potentially valuable investigative leads are left to sit in the CyberTipline database with no action taken.'' This is unacceptable.

This bill would address the problem by requiring that reporting companies convey a defined set of information to the Center, which is in large part the information that is provided to NCMEC today by the nation's leading Internet service providers. Among other things, the bill would require electronic communications providers to report specific information about any individual involved in producing, distributing, or receiving child pornography. In addition, it would require reporting companies to provide NCMEC with the geographic location of the involved individual such as the individual's physical address and the IP address from which the individual connected to the Internet.

To ensure that law enforcement officials have better odds of prosecuting involved individuals, the bill would also require online service providers to preserve all data that they report to NCMEC for at least 180 days. The bill would help to ensure greater compliance with the child pornography reporting requirements under Federal law by increasing the penalties three-fold for knowing failure to report child pornography to NCMEC. It would also move the reporting requirement from title 42, which relates to the public's health and welfare, to title 18, our Federal criminal code. This is to underscore that a breach of the reporting obligations constitutes a violation of criminal law. In addition, the legislation would eliminate the legal liability of online service providers for actions taken to comply with the child pornography reporting requirements.

The goal of this legislation, is to ensure more thorough reporting of child pornography to NCMEC. I expect that more and better information provided to the Center will lead to a greater number of prosecutions and enhanced protection of our children. However, let me stress that this bill does not require surveillance by electronic communications providers or require that they monitor the content of any communication. The legislation also does not require electronic communications providers to affirmatively seek out child pornography. Rather, it requires online service providers to report child pornography when they become aware of it, either through a report from a subscriber or user, or through a discovery of the material by an employee. As a result, the reporting requirement would protect children while not imposing a financial or administrative burden on online service providers.

To emphasize the heinous nature of these crimes, this bill would make the use of the Internet in the commission of a crime of child exploitation an aggravating factor that would add 10 years to the offender's sentence. The Internet is likely the greatest invention of the 21st century; however, it has also allowed these children to be victimized again and again as these images are widely distributed via the Internet. The fight to protect our children from exploitation has moved from the playground to the Internet, and we must update our laws to reflect this reality.

To address the international nature of child pornography, the bill would permit NCMEC to share reports with foreign law enforcement agencies, subject to approval by the Department of Justice. In addition, the legislation would state the sense of Congress that the executive branch should make child pornography a priority when engaging in negotiations or talks with foreign countries.

The bill would authorize $25 million for our Nation's Internet Crimes Against Children Task Forces, which is identical to the amount requested by the Administration in its FY 2008 budget. NCMEC, the National Sheriffs Association, and others believe that such funding would significantly improve the efforts of local, State and Federal law enforcement officials dedicated to identifying and prosecuting those who use the Internet to prey upon our Nation's children.

Lastly, in order to aid law enforcement, the bill would reiterate the position of the Administration that all suppliers of web site domain names should investigate and correct inaccurate data regarding registered domain names so that law enforcement can more easily locate the hosts of such vile pictures of children. To aid Congress in understanding the need for more resources or legislation to combat the proliferation and distribution of child pornography, the bill would require the Department of Justice to report on the number of investigations, prosecutions and convictions of crimes involving the sexual exploitation of children.

This is the second bill Senator Schumer and I have introduced this session to protect our nation's children. Last month, we introduced the Keeping the Internet Devoid of Sexual-Predators Act of 2007, known as the KIDS Act, which would establish a database of e-mail addresses and other Internet identifying information of convicted sex offenders. The database information would then be available to commercial social networking sites for the purpose of screening their sites' to ensure convicted sex offender are not using the site to prey on children.

Protecting our children is a top priority for all members of Congress. I look forward to working with my colleagues to eradicate the victimization and exploitation of our children, the most innocent members of society, by enacting the KIDS Act and the SAFE Act.

Mr. President, last year, Congress quietly made it easier for this

President or any President to declare martial law. That's right: In legislation added at the Administration's request to last year's massive Defense Authorization Bill, it has now become easier to bypass longtime posse comitatus restrictions that prevent the Federal Government's use of the military, including a federalized National Guard, to perform domestic law enforcement duties. That change runs counter to our founding principles, to the optimal use of our superb National Guard here at home, and to whatever sensible reforms are needed to improve our Nation's emergency response capabilities.

Today Senator Bond and I are introducing legislation to repeal these unwarranted and perilous changes, which were made to a little-known law called the Insurrection Act. Our amendment replaces every word, comma, and period from the original act and returns it to its original form. Repealing this ill-considered change in the Insurrection Act would allow Congress to have a more orderly, thoughtful, open and consultative discussion on whether such sensitive and massive powers should be changed, if at all. It is difficult to see how any Senator could disagree with the advisability of having a more transparent and thoughtful approach to this sensitive issue.

The Insurrection Act is a Reconstruction-era law that provides the major exemption from posse comitatus--the legal doctrine that bars the use of the military for law enforcement directed at the American people here at home. The Insurrection Act is designed to ensure that Federal laws are enforced and to ensure that American citizens' basic constitutional rights are respected and protected. When the Insurrection Act is invoked, the President can--without the consent of the respective governors--federalize the National Guard and use it, along with the entire military, to carry out law enforcement duties. Treading as this does across basic constitutional issues relating to separation of power and to state and local sovereignty, this is a sweeping grant of authority to the President. Because the use of the military for domestic law enforcement is so sensitive an issue, the Act has been invoked only sparingly since it was enacted.

The primary reason that the law has been invoked so rarely is that there has been an inherent tension in the way it was crafted. Before it was changed last year, the law was purposefully ambiguous about when the President could invoke the Act in cases beyond a clear insurrection or when a state clearly violated Federal law in its actions. Because there was this useful ambiguity--a constructive friction in the law--a President until now would have to use the power with great caution, and with the impetus for appropriate consultation.

Yet by the time committee work was completed in the House and the Senate on the Fiscal Year 2006 Defense Authorization Bill, the law had been changed and that useful ambiguity had vanished. In addition to the cases of insurrection, the Act can now be invoked to restore public order after a terrorist attack, a natural disaster, a disease outbreak, or--and this is extremely broad--``other condition.'' Restoring public order has suddenly become an entirely new purpose for the Insurrection Act. And, as if to underscore this fundamental change, the conference committee changed the name of the Act from ``Insurrection'' to ``Enforcement of the Laws to Restore Public Order.''

This significant change was made without consulting the Nation's Governors, mayors, sheriffs, or the National Guard Adjutants General. It was made without consulting the other relevant policy committees in the Senate and the House. It was merely slipped in, at the Administration's request, as rider to a bill that was hundreds of pages long. And when the Nation's Governors learned of the change and expressed their strong opposition, they were ignored, and this facilitation of presidential ability to federalize the National Guard-- even over the objections of the Nation's Governors--remained in the bill that was signed into law by President Bush.

Now this President and future Presidents can more easily take control of the National Guard and use our entire military apparatus for law enforcement at home. In a situation like another Katrina or even a more contained incident like a terrorist incident, the President will be able to bring in Federal troops and take away control from the Governors, the Emergency Managers, the Sheriffs, and the State Adjutants General who know their communities best and are responsible for responding.

What we should be doing instead is buttressing the response abilities of these local and State officials. We should ensure every State has a state-of-the-art emergency operations center, that our first responders have the best equipment and training, and that the National Guard has adequate equipment and available people at home to provide support. Any Federal assets--military or otherwise--that might come into a State should be in a supporting and not commanding role. The local officials who know their communities are in the best positions to control the situation, not the President or the military.

Some have argued that the changes made were only a clarification of existing law or that the Insurrection Act already gave the power to the President to use the military for law enforcement in an emergency. I strongly disagree with that explanation, and so do the Governors, Adjutants General, and a host of other officials. They see it, as Senator Bond and I see it, as a tangible and troubling expansion of the President's powers and a parallel reduction in State sovereignty. But if some believe the original Act already gave the President this expansive power, they should not object to bringing the law back to its original form.

Repeal of the recent changes to the Insurrection Act will help ensure that our National Guard and larger emergency response capabilities remain strong. Repeal is crucial to ensuring that our Governors and local officials remain in control and that they are consulted when anyone considers overriding their authority. Repeal is simply essential to ensuring the military is not used in a way that offends and endangers some of our more cherished values and liberties.

We enter this effort with the strong support of Governors and of the National Guard community, including the National Governors Association, the National Guard Association, the Adjutants General Association, and the Enlisted Association of the National Guard. I ask unanimous consent that support letters from the National Governors Association, the Adjutants General Association, and the Enlisted Association of the National Guard be printed at this point in the Record.

I ask unanimous consent that the text of the bill be printed in the Record.

Last year's Insurrection Act rider reflects the general lack of close oversight that has taken a toll on our system of government. I hope the days of rubberstamping are over, and I hope the Senate will quickly remedy this situation by considering and passing the bill that we introduce today.

Mr. President, I rise today to reintroduce the Wild Sky Wilderness Act, a bill to protect some of Washington's most unique and remarkable public lands for families today and for future generations.

For more than six years, citizens, community leaders, groups and organizations have worked together with Representative Rick Larsen and me to make this proposal a reality. I am proud to offer our bill here in the Senate on their behalf. This is the fourth time I've introduced this bill, and I'm really excited about finally moving this bill across the finish line this year.

The Wild Sky Wilderness Act reflects the best values of my home State of Washington--environmental protection, stewardship of our land, and community partnership. It also respects the economic and recreational interests of the people of Snohomish County. Our bill will protect an important area while keeping it accessible for recreation and enjoyment today and for generations to come.

For many years, I've been concerned by the rapid growth taking place in Western Washington. It's no surprise that more people want to live and work in the region, but we need to make sure that development does not destroy the natural beauty that is such an important part of our State's identity and our quality of life. We also need to ensure that growth and development do not destroy native species of plants and animals that have flourished here for centuries.

So several years ago, I began to consider new wilderness legislation. I learned that we haven't added any new wilderness areas in Washington state since 1984. I knew that if we were going to protect public land, I wanted to do it in an inclusive way by seeking input from local communities and stakeholders and working with them to develop a sound proposal. I am proud to say that the fruits of our labor are now before the United States Senate. My partner in the House of Representatives, Congressman Larsen, and I worked alongside all of the local stakeholders every step of the way to select these particular areas in the Mt. Baker-Snoqualmie Forest.

The Wild Sky Wilderness will protect wildlife and promote clean water by preserving the landscapes that host many native plants and animals. We can still find many of the species that have historically called this area home, but their populations are much smaller today. If these animals are going to be here centuries from now, we must protect their habitats. This wilderness designation is especially critical for threatened species of salmon, steelhead and trout, and it will protect the upper reaches of water to ensure prime habitat and clean water.

In addition, our bill ensures that the public will have access to these remarkable, protected places. It's estimated that 2.4 million people live nearby in King, Snohomish and Skagit counties. Our bill will ensure they have new recreational opportunities in the Wild Sky Wilderness. In this hectic, fast-paced time, more and more people and their families are turning to outdoor recreation on our public lands. This bill will provide new opportunities for the public to use this land by directing the U.S. Forest Service to develop a series of hiking and equestrian trails.

In addition to the environmental protections and recreational opportunities, the Wild Sky Wilderness Area will be good for the local economy. Every climber, hiker, hunter and angler setting out for the Wild Sky Wilderness will be stopping at hotels, campgrounds, restaurants, and stores in the gateway communities of Index, Skykomish, Monroe, Miller River, Startup, Grotto, Baring, Sultan, and Gold Bar.

Over the years, so many people have worked hard to make this bill possible. I can't name all of them, but I do want to recognize one great leader who is not with us to see the progress she helped make possible, Karen Fant. Anyone involved in wilderness protection knows the legacy that Karen has left us through her years of advocacy for our state's natural places. Early on, Karen recognized the need to bring together and involve local people in efforts to protect wilderness. She co-founded and directed the Washington Wilderness Coalition, and she was instrumental in forming a statewide community of wilderness advocates.

To those who knew her--and especially those lucky enough to sample her famous cookies--Karen provided never-ending inspiration and enthusiasm to continue working to protect wilderness and wild lands in the Pacific Northwest and beyond.

I cannot summarize Karen's amazing four decades of service, but I think some of her many friends said it best when they wrote:

``There are thousands of miles of trails and millions of

acres of wilderness that are protected due to her work and

the work of others she organized to make a difference. As we

walk these trails and gain renewal from these lands, we

should all remember the work we shared and the fun and

camaraderie we all experienced with Karen.''

With Karen's passing, we've lost a pioneer in the fight to protect our wild spaces, but thankfully she's left a clear trail and a generation of inspired, empowered advocates to continue her work.

I urge my colleagues to help my State take a great step forward in protecting our environment, improving recreation and supporting economic development by supporting the Wild Sky Wilderness Act.

I ask unanimous consent that the text of this bill be printed in the Record.

Mr. President, I rise today to urge my colleagues to make the Tax Relief for Americans in Combat Act permanent. This measure corrects a discrepancy in the Tax Code that penalizes certain service men and women serving in combat situations.

To give my colleagues a bit of history and perspective on this: In 2003 I approached the distinguished chairman of the Senate Finance Committee, Senator Chuck Grassley, and ranking member of the committee, Senator Max Baucus, and asked them to join me in an effort to get a fresh look at the overall picture of how our Tax Code treats our military.

I was very pleased when they agreed to work with me, and was delighted to jointly request an expedited study by the General Accounting Office, GAO. It was an honor to work with them and their staffs throughout this process.

The GAO raised many interesting findings but there was one especially important issue that demanded our immediate attention. In a nutshell service men and women who were serving in combat zones and receiving nontaxable combat pay were not able to also take advantage of the Earned Income Tax Credit, EITC, and the Child Care Tax Credit.

The result was that thousands of our men and women serving in combat--serving in Iraq, Afghanistan, and around the globe--were seeing a reduction or elimination of their EITC or child credit and in effect losing money. In other words, the Tax Code had the impact of penalizing them because they are serving in combat zones.

The GAO report characterized this result as an ``unintended consequence.'' I saw it as just plain wrong and I am pleased to introduce legislation to fix this glitch.

In 2004, we passed the Tax Relief for Americans in Combat Act. The bill allowed men and women in uniform serving in combat to include combat pay for the purpose of calculating their earned income and child tax credit benefits. In other words, they would be able to continue receiving their rightful combat pay exclusions while having the ability to take full advantage of other tax credits.

However, this legislation only made permanent the child tax credit benefit, while the earned income tax credit provision must be continuously extended.

As of December 2006, the earned income provision was extended for another year, but I believe we must work to permanently resolve this glitch and ensure our men and women in combat are fairly treated.

I would like to take the opportunity to thank cosponsors Senator John Warner and Senator Blanche Lincoln for their leadership and assistance to help gamer support for this bill.

The urgency of this situation is highlighted especially when you focus on those of our troops which this really affects. We're talking about troops that tend to be in combat for more than 6 months, those in lower pay grades, those who are married with children, and have little or no savings or spousal income.

The GAO analysis suggested that the amount of the tax benefit loss could be up to $4,500 for enlisted personnel and $3,200 for officers. This is real money--make or break money--to many of these families that are already under enormous stress.

I want to work in bipartisan fashion and permanently extend this tax provision. This bill corrects the problem and lets our troops, risking life and limb, know that while they are away fighting for us we will be here in the Senate fighting for them and their families.

Mr. President, I rise today to urge my colleagues to make the Tax Relief for Americans in Combat Act permanent. This measure corrects a discrepancy in the Tax Code that penalizes certain service men and women serving in combat situations.

To give my colleagues a bit of history and perspective on this: In 2003 I approached the distinguished chairman of the Senate Finance Committee, Senator Chuck Grassley, and ranking member of the committee, Senator Max Baucus, and asked them to join me in an effort to get a fresh look at the overall picture of how our Tax Code treats our military.

I was very pleased when they agreed to work with me, and was delighted to jointly request an expedited study by the General Accounting Office, GAO. It was an honor to work with them and their staffs throughout this process.

The GAO raised many interesting findings but there was one especially important issue that demanded our immediate attention. In a nutshell service men and women who were serving in combat zones and receiving nontaxable combat pay were not able to also take advantage of the Earned Income Tax Credit, EITC, and the Child Care Tax Credit.

The result was that thousands of our men and women serving in combat--serving in Iraq, Afghanistan, and around the globe--were seeing a reduction or elimination of their EITC or child credit and in effect losing money. In other words, the Tax Code had the impact of penalizing them because they are serving in combat zones.

The GAO report characterized this result as an ``unintended consequence.'' I saw it as just plain wrong and I am pleased to introduce legislation to fix this glitch.

In 2004, we passed the Tax Relief for Americans in Combat Act. The bill allowed men and women in uniform serving in combat to include combat pay for the purpose of calculating their earned income and child tax credit benefits. In other words, they would be able to continue receiving their rightful combat pay exclusions while having the ability to take full advantage of other tax credits.

However, this legislation only made permanent the child tax credit benefit, while the earned income tax credit provision must be continuously extended.

As of December 2006, the earned income provision was extended for another year, but I believe we must work to permanently resolve this glitch and ensure our men and women in combat are fairly treated.

I would like to take the opportunity to thank cosponsors Senator John Warner and Senator Blanche Lincoln for their leadership and assistance to help gamer support for this bill.

The urgency of this situation is highlighted especially when you focus on those of our troops which this really affects. We're talking about troops that tend to be in combat for more than 6 months, those in lower pay grades, those who are married with children, and have little or no savings or spousal income.

The GAO analysis suggested that the amount of the tax benefit loss could be up to $4,500 for enlisted personnel and $3,200 for officers. This is real money--make or break money--to many of these families that are already under enormous stress.

I want to work in bipartisan fashion and permanently extend this tax provision. This bill corrects the problem and lets our troops, risking life and limb, know that while they are away fighting for us we will be here in the Senate fighting for them and their families.