S8012 CONGRESSIONAL RECORD — SENATE July 20, 2006 the changes we made, the permanence Specter Talent Voinovich Mr. HATCH. Mr. President, I thank of correction to injustice. Stabenow Thomas Warner my colleagues for granting unanimous Stevens Thune Wyden So I am very pleased that in just a Sununu Vitter consent to pass the most comprehen- sive child crimes and protection bill in few minutes, we will act as a body to NOT VOTING—2 reauthorize the Voting Rights Act. We our Nation’s history—H.R. 4472, the owe it to the memories of those who Crapo Enzi Adam Walsh Child Protection and fought before us—and we owe it to our The bill (H.R. 9) was passed. Safety Act of 2006. future, a future when equality is a re- Mr. FRIST. I move to reconsider the This bill started in the House of Rep- ality in our hearts and minds and not vote. resentatives by a courageous and ambi- just the law—to reauthorize the Voting Mr. REID. I move to lay that motion tious Congressman from Florida, MARK Rights Act. on the table. FOLEY. MARK is with us in the Senate I hope my colleagues will join me in The motion to lay on the table was Chamber today, and I want to thank voting for this critical legislation be- agreed to. him, again, for getting this ball rolling cause in the 41 years since it became f and for fighting like a champion on be- law, we have seen tremendous progress, ORDER OF BUSINESS half of our children. I appreciate his te- and now it is time to ensure that the nacity and enthusiasm—we would not progress continues, that we protect the Mr. FRIST. For the information of be here without his devotion and hard civil liberties of each and every Amer- our colleagues, the Democratic leader work. ican. and I have been in discussion. Let me I also thank Senator BIDEN, who Mr. President, I yield back all our briefly outline what the plans for to- joined me in sponsoring the original time. night will be and tomorrow. Most im- Senate version of this bill. Senator portantly for my colleagues, there will Mr. LEAHY. Mr. President, is there BIDEN and I have worked together on so be no more rollcall votes tonight or to- still time available on this side? many bills, none more important than morrow. We will probably see a lot of The PRESIDING OFFICER. All time what we are accomplishing today for Members leave the room. has expired. our children. Senators FRIST, SPECTER, We will turn within a couple of min- Mr. LEAHY. The yeas and nays have and REID thank you for making this utes to the Adam Walsh Child Protec- been ordered. bill priority and for getting this bill tion and Safety Act, a very important The PRESIDING OFFICER. The through. bill that we will spend approximately 2 The bill we are about to pass, the question is on the third reading of the hours on tonight. Following that, we Adam Walsh Child Safety and Protec- bill. will have debate on two circuit judges tion Act, represents a collaboration be- The bill (H.R. 9) was ordered to a and two district judges. We will be vot- tween the House and Senate to include third reading and was read the third ing on the Adam Walsh Child Protec- the strong provisions of S. 1086, the Sex time. tion and Safety Act tonight by voice Offender Registration and Notification The PRESIDING OFFICER. The bill vote and all four of those judges by Act, and H.R. 4472, The Child Safety having been read the third time, the voice tonight. Act. It creates a National Sex Offender question is, Shall the bill pass? On this We will be in tomorrow. We will have Registry with uniform standards for question, the yeas and nays have been no rollcall votes tomorrow. I will have the registration of sex offenders, in- ordered. The clerk will call the roll. an announcement later tonight or pos- cluding a lifetime registration require- The assistant legislative clerk called sibly tomorrow on what the schedule ment for the most serious offenders. the roll. will be on Monday in terms of votes on This is critical to sew together the Mr. MCCONNELL. The following Sen- Monday, if we will have a vote or not. patch-work quilt of 50 different State ators were necessarily absent: the Sen- Debate tomorrow will be, in all likeli- attempts to identity and keep track of ator from Idaho (Mr. CRAPO) and the hood, on the Child Custody Protection sex offenders. Senator from Wyoming (Mr. ENZI). Act, plus we will have a period of The Adam Walsh Act establishes Further, if present and voting, the morning business for other matters. strong Federal penalties for sex offend- Senator from Idaho (Mr. CRAPO) would With that, we will be able to turn to ers who fail to register, or fail to up- have voted ‘‘yea.’’ the Adam Walsh Child Protection and date their information, including up to The PRESIDING OFFICER (Mr. Safety Act which we will be passing in 10 years in prison for non-compliance. CORNYN). Are there any other Senators about 2 hours. The Adam Walsh Act imposes tough in the Chamber desiring to vote? f penalties for the most serious crimes The result was announced—yeas 98, against children, including a 30 year nays 0, as follows: CHILDREN’S SAFETY AND VIO- mandatory penalty for raping a child [Rollcall Vote No. 212 Leg.] LENT CRIME REDUCTION ACT OF and no less than 10 years in prison for 2006 YEAS—98 a sex trafficking offense. In fact, this Akaka DeMint Leahy The PRESIDING OFFICER. The Sen- bill creates a series of assured pen- Alexander DeWine Levin ate will now proceed to the consider- alties for crimes of violence against Allard Dodd Lieberman ation of H.R. 4472, which the clerk will children, including penalties for mur- Allen Dole Lincoln Baucus Domenici Lott report. der, kidnapping, maiming, and using a Bayh Dorgan Lugar The assistant legislative clerk read dangerous weapon against a child. And Bennett Durbin Martinez as follows: the bill allows for the death penalty in Biden Ensign McCain the most serious cases of child abuse, Bingaman Feingold McConnell A bill (H.R. 4472) to protect children, to se- Bond Feinstein Menendez cure the safety of judges, prosecutors, law including the murder of a child in sex- Boxer Frist Mikulski enforcement officers, and their family mem- ual exploitation and kidnapping of- Brownback Graham Murkowski bers, to reduce and prevent gang violence, fenses. Bunning Grassley Murray and for other purposes. Burns Gregg Nelson (FL) The bottom line here is that sex of- Burr Hagel Nelson (NE) AMENDMENT NO. 4686 fenders have run rampant in this coun- Byrd Harkin Obama (Purpose: In the Nature of a substitute) try and now Congress and the people Cantwell Hatch Pryor The PRESIDING OFFICER (Mr. are ready to respond with legislation Carper Hutchison Reed Chafee Inhofe Reid CORNYN). Under the previous order, the that will curtail the ability of sex of- Chambliss Inouye Roberts Hatch amendment at the desk is agreed fenders to operate freely. It is our hope Clinton Isakson Rockefeller to. that programs like NBC Dateline’s ‘‘To Coburn Jeffords Salazar Cochran Johnson Santorum The amendment (No. 4686) was agreed Catch a Predator’’ series will no longer Coleman Kennedy Sarbanes to, as follows: have enough material to fill an hour or Collins Kerry Schumer (The amendment is printed in today’s even a minute. Now, it seems, they can Conrad Kohl Sessions RECORD under ‘‘Text of Amendments″) go to any city in this country and Cornyn Kyl Shelby Craig Landrieu Smith The PRESIDING OFFICER. The Sen- catch dozens of predators willing to go Dayton Lautenberg Snowe ator from Utah is recognized. on-line to hunt children.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.100 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8013 Laws regarding registration for sex gether for a long time. It is hard for me more than legislation, this is more offenders have not been consistent to believe we have been here as long as than passing this piece of legislation. from State to State now all States will we have. I have actually been here a This is the stuff of which your life’s lock arms and present a unified front couple years longer than he has. We work is viewed as being worthwhile. in the battle to protect children. Web have our differences in philosophy. We I remember Jerry Brown, when he sites that have been weak in the past, have never had any differences person- used to be the Governor of California, due to weak laws and haphazard updat- ally. We have never had any differences once said when he was cutting pay—I ing and based on inaccurate informa- in terms of our relationship. am not making a judgment of whether tion, will now be accurate, updated and The two things I am proudest of that he should have or should not have— useful for finding sex offenders. we have both done is we have both— when cutting the pay of State employ- There are more than a half-million and I say this somewhat self-serving, I ees, he made a statement only Jerry registered sex offenders in the United acknowledge—we both always hired Brown could make, 20 years ago: Well, States. Those are the ones we know. staff that is respected. I do not think they have the psychic remuneration of Undoubtedly there are more. That there has ever been a time that ORRIN living in California. I do not know number is going to go up. Over 100,000 has not had a staff and staff members about that. But I can tell you that the of those sex offenders are registered who my staff completely, totally trust- psychic remuneration for ORRIN HATCH but missing. That number is going to ed. I think it is fair to say that is the and JOE BIDEN and Ken Valentine and go down. We are going to get tough on case on ORRIN’S side as well. Dave Turk, and many others who these people. Some estimate it is as That makes a gigantic difference be- worked on this, makes this job worth- high as 150,000 sex offenders who are cause I think the work that Ken Valen- while. not complying. That is killing our chil- tine, the fellow sitting to ORRIN’S The two things of which I am most dren. right, did—a loner, Secret Service guy proud that I have done in 33 years are Another important part of this bill from the administration, from the ex- dealing with this issue in particular will help prevent the sexual exploi- ecutive branch—and a fellow I am very and culminating in this legislation, the tation of children through the produc- proud of, whom I will mention in a mo- Adam Walsh Child Protection Safety tion of sexually explicit material. ment—the work they did with John Act, and the Violence Against Women Every day we hear new stories about Walsh and others, to overcome the hur- Act—which, I might add, one of only how pornographers and predators take dles that get thrown in the way of good seven guys who jumped out front in advantage of new technology to exploit legislation because everybody has their 1994 to get that done was also ORRIN children in new ways. It is very dif- own agenda. HATCH. ficult for legislatures even to keep up, Everybody knows that for Orrin and So, Senator HATCH, I thank you. We and when we do pass new legislation, it me—and I would add my friend from have been in the minority, the major- is often stymied in the courts. North Dakota—that some of us have ity, the minority; we have switched Federal law requires producers of had this as sort of a—I have been ac- places back and forth, but it has never some sexually explicit material to keep cused of this being a hobbyhorse for changed our relationship, never records regarding the identity and age me, this, all the work we have done for changed how we have worked with each of performers and to make those so long on dealing with child predators other, and never changed the good records available for inspection. The and abused women and abused children. work I think we and many others can current statute, however, was enacted But what happens sometimes is that say we are proud to have participated before the Internet existed and covers good legislation gets stuck because in. only some sexually explicit material. other Senators, who do not have that Mr. President, I wish to talk a few The provisions in the act before us as the same priority—although they minutes about the actual act. Congress brings key definitions in the law up to are for it—attach a lot of extraneous has done a good deal over the last 25 date, extends the record keeping re- things because there is something they years—and I might add, starting with, quirement to more sexually explicit feel is even more critical than the leg- God love him, our old and deceased material, and makes refusal to permit islation, and they see it, to use the friend, Senator Thurmond from South inspection of these records a crime. Senate jargon, as a vehicle to get their Carolina—to protect kids. We created I want to thank John Walsh, host of views heard and their legislation the National Center for Missing and ‘‘America’s Most Wanted,’’ and his passed. Exploited Children in 1984. We enacted wife, Reve—who have waited nearly 25 Well, as to the work that Dave Turk the crime bill in 1994. We enacted the years for this day. Next Thursday, July of my staff did and Ken Valentine did Amber Alert system in 2003. 27, 2006, marks 25 years since the ab- in order to sort of clear the way for But every time we have done some- duction and subsequent murder of their this, I think everyone who has worked thing significant, the bad guys have son Adam—for whom this bill is on this, including John Walsh, would figured out a way to take advantage of named. And on that 25th anniversary acknowledge is extraordinary. it, to find a loophole, to find an open- the President will sign into law legisla- So I want to personally—there are ing. And that is what this is about— tion that will help law enforcement do others, I am sure. There are others. I and I wish he had floor privileges be- what John has been doing all along— do not mean, by mentioning these two cause he could speak to it better than hunt down predators and criminals. I individuals, to in any way denigrate any of us—but this is about, to para- want to thank the National Center for the incredible work done by so many phrase John Walsh, with whom I had Missing and Exploited Children for others. But I think sometimes the pub- dinner the other night—this is about their tireless work and for their assist- lic wonders why we pay staff mem- closing the door. This is about uniting ance with crafting this legislation. bers—all of whom can make a lot more 50 States in common purpose and in This is smart legislation and I am money if they did something else—the league with one another to prevent very proud of the Adam Walsh Act. I kind of salaries they get paid, in rel- these lowlifes from slipping through am determined that Congress will play ative terms. It is because they are so the cracks. So we recognize that what its part in protecting the children of good. They are so dedicated. They are we have done in the past did not do all my home state of Utah and America. I so talented. we wanted to do. have never been more excited to see a In my experience of being here 33 I might add one more thing. JOE bill signed into law. years, I have found that when a staff BIDEN and ORRIN HATCH come from dif- The PRESIDING OFFICER. The Sen- member, no less than a Senator, has an ferent sides of the political spectrum ator from Delaware. intellectual as well as an emotional on a lot of things. But I can assure you, Mr. BIDEN. Mr. President, I begin commitment to what they are doing, it not only is this tough, but the civil lib- speaking to this legislation by thank- is even more effective. erties of Americans are not in jeopardy ing my buddy. And I know that is a col- I know for my friend and staff mem- with this. This is not—this is not—a loquial expression in this formal place ber, Dave Turk, who is a father, and for case where in order to get bad guys we we work when I say ‘‘my buddy,’’ but Ken Valentine, whom I have only got- have had to in any way lessen the con- Senator HATCH and I have worked to- ten to know personally recently, this is stitutional protections made available

VerDate Aug 31 2005 04:39 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.082 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8014 CONGRESSIONAL RECORD — SENATE July 20, 2006 to good guys. So I think it is a proud 10 years in prison. If an unregistered The thing I find most amazing about piece of work. sex offender commits a crime of vio- John and Reve is, I don’t know how The National Center for Missing and lence, the offender will face a 5-year anybody who has lost a child can have Exploited Children, as Senator HATCH mandatory prison sentence in addition the courage to do what they have done. has indicated, estimates there are over to any other sentence imposed. I know from my own experience, which 550,000 sex offenders nationwide, and A noncompliant sex offender will also I will not speak to, there are certain more than 20 percent of them are unac- face U.S. Marshals who have been circumstances I cannot walk into be- counted for. I would argue that there brought in under this bill to lend their cause it reminds me of one of my chil- are a whole lot more than 550,000, who expertise and manpower to help track dren I lost. never get caught up in the criminal down these dangerous individuals. I could never do what John and Reve web for a thousand different reasons John and I were talking about it at did. I could never do what they did. that I do not have time to explain. But dinner. These guys saddle up, to use his And we could have never done today at a minimum, this means there are as phrase. They are the most underrated, what we are doing without them. That many as 150,000 of these dangerous sex underestimated part of American law is not hyperbole; that is the God’s offenders out there, individuals who enforcement. They do the job incred- truth. We could never have gotten this have already committed crimes and ibly well. They want to get in on this, done without John and Reve Walsh. may, unless we do something, continue and they are now part of this. We now It has to be one god-awful bitter mo- to jeopardize the most vulnerable have designated their expertise and ment, for the 27th of this month, if I among us. manpower to track down these individ- am not mistaken, will be the 25th anni- The Adam Walsh Child Protection uals. versary. and Safety Act takes direct aim at this One of the biggest problems in our A lot of people on this floor, includ- problem. Plain and simple, this legisla- current sex offender registry system ing one of my colleagues I am sitting tion, I can say with certainty, will save happens when registered sex offenders with, have lost children. It doesn’t children’s lives. travel from one State to another. matter whether it is 2 years past, 10 Sexual predators must be tracked, Delaware has worked hard to keep years, 25 years, or 50 years past. That and our cops and our parents have a track of the 3,123 sex offenders reg- part never passes. I thank John and right to know when these criminals are istered to my State. But there are Reve for their courage, courage way be- other States that are not so advanced in their neighborhoods. That is what yond anything I could possess. and whose systems are not so sophisti- I have known John for many years. we do here. First—an important point—let’s cated. We go way back to 1984, working to- This bill fully integrates and expands start at the beginning. This legislation gether to create the National Center the State systems so that communities requires sex offenders to register prior for Missing and Exploited Children nationwide will be warned when high- ATCH. He has been to their release from prison, to make along with Senator H risk offenders come to live among at it year after year, pushing the Con- sure we give them absolutely no oppor- them. And we target resources under gress to do more. tunity to do what happens now: fall this bill at the worst of the worst and John, you have been an inspiration. through the cracks between the mo- provide Federal dollars to make sure You continue to be. Don’t underesti- ment the prison door opens and before States aren’t left holding the bag. mate it. You have been doing it so they set up a residence. We also require the U.S. Department long, don’t underestimate how many We also make sure we are keeping of Justice to create software to share thousands of people take solace from tabs on everyone who poses a threat to with States in order to allow for infor- what you do and what you have done. our kids. Advances in technology are a mation to be shared instantly and It has not been my style in 33 years great thing, but many times there is a seamlessly among them. When a sex of- to take the floor to speak in such per- dark side. The Internet, for example, fender moves from New Jersey to Dela- sonal terms, but this is ultimately per- puts the knowledge of the world at a ware, for example, we have to be abso- sonal. It is the ultimate, ultimate per- child’s fingertips, but it can also be and lutely sure that Delaware authorities sonal thing, your child. is abused by sexual predators causing know about it. Earlier this week I had a chance to kids harm. To steal a phrase from my This bill also mandates a national sit down with Ed Smart whose daugh- son, who is a Federal prosecutor, he sex offender Web site so that parents ter Elizabeth—what a magnificently told me: Dad, it used to be you could can find out who is living in their beautiful, poised, gracious young lock your door or hold your child’s neighborhoods. Parents will now be woman—then 14 years, was abducted at hand at the mall and keep them out of able to search for information on sex gunpoint from her family in Salt Lake harm’s way. offenders by geographic radius and ZIP City while her parents and four broth- But today, in my son’s words, with a Code. ers slept. She was found 9 months click of a mouse, a predator can enter Do we have a silver bullet, a fool- later. The strength of that family’s your child’s bedroom in a locked home proof system here? I have been around character, its resilience is remarkable. and begin the pernicious road to vio- too long to know the answer to that I have taken too much of the Sen- lating that child. That is why this leg- question is no. What we do have is a ate’s time. Let me again thank my col- islation adds the ‘‘use of the Internet slew of commonsense ways for fixing league from Utah. I also thank our to facilitate or commit a crime against our current problem. committee chairman and all the mem- a minor’’ as an offense that could trig- As I mentioned earlier, it has taken bers of our committee. They also de- ger registration. us months and years to get to the point serve a great deal of credit. And once someone is on a sex of- of enacting this important bill into Other Senators, including my col- fender registry, we make sure they law. Again, I give credit where credit is league on the floor, who has been re- can’t go back into hiding in the shad- due, as has already been mentioned, to lentless, absolutely relentless, Senator ows. Under this bill, child predators John and Reve Walsh. I know we are DORGAN; he added a major, important would be required to periodically and not supposed to—and I will not—vio- piece to this legislation. I thank him in person check in with the authori- late Senate rules by pointing out who for that. Senator BILL NELSON, CHUCK ties. is where. But the fact is, if I were sit- GRASSLEY, all contributed important They also would be required to up- ting next to them in the gallery now, I parts to this bill. They each took trag- date their photographs so law enforce- suspect if I put my hand on his arm, I edies that happened in their States and ment and parents will know where would feel the tension in his arm. used them as a call to action. these folks are and what they look like This has to be a very bittersweet mo- Senators FRIST and REID—our major- now and not solely what they looked ment for John Walsh. For what are we ity and minority leaders—also deserve like years ago that is unrecognizable doing here today? We are naming a bill all our thanks by ensuring that this now. that will save the lives of hopefully important bill was treated with the And if a registered offender fails to thousands of other young people after a priority it deserved. comply with any of these require- beautiful young boy who was victim- Congressman FOLEY has worked tire- ments, he or she faces a felony of up to ized and killed. lessly on this bill in the House for

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It may not rupt members of our families, corrupt this floor who wouldn’t trade away this even be the biggest triumph they have everything that we are trying to teach bill for being able to bring back to life experienced, but it is certainly a tri- them not to do and, worse yet, poten- all those innocent lives that were lost umph and a positive thing to add to tially could opt them into behavior that allowed us, in a bizarre way, to that legacy. that could risk, ultimately, their lives. produce this legislation. I rise to talk about two pieces of this So this program is very important We cannot redeem the dead, but we bill I have been working on and of that the Justice Department is en- can, in fact, protect the living. I think which I am the author. One is called gaged in. I contacted the Department this bill, with the many parts I didn’t Project Safe Childhood. The second is and worked with them to develop an mention, including DNA testing and a called the Schools SAFE Act. I intro- authorization bill so we could provide a whole range of other things, is fair, de- duced Project Safe Childhood a couple stable stream of funding for Project cent, and honorable. Most important, months ago after learning of a program Safe Childhood and expand the pro- there is not a single thing we can do at the Justice Department called gram in a way that the Department on that is more worthy of our effort than Project Safe Childhood. its own could not do. protecting our children. That is what The Justice Department, in review- For example, increasing penalties for all of us on this floor—and many who ing and seeing the incredible prolifera- registered sex offenders, child sex traf- are not—today are playing a part in tion of child exploitation crimes, basi- ficking and sexual abuse, and other doing. cally being proliferated through the child exploitation crimes, which this Again, I close by thanking John Internet, took on a new program with- does. It creates a children’s safety on- Walsh. in the Department. This new program line awareness campaign and author- I yield the floor. was in response to what we see of sex- izes grants for child safety programs. The PRESIDING OFFICER. The Sen- ual predators on the Internet and with So in addition to what the Justice De- ator from Pennsylvania. other types of sexual trafficking, partment program does, we add those Mr. DORGAN. Is there an order of again, as a result of the Internet and provisions to help with better coordi- speaking this evening, if I might in- other places. They developed a pro- nation between State, local, and Fed- quire of the manager. gram which is a very good program. It eral prosecutors and investigators. Mr. HATCH. Mr. President, I ask has five main purposes: I had a meeting in the western dis- unanimous consent that we go back First, it seeks to integrate Federal, trict of Pennsylvania with our U.S. at- and forth so long as we have people on State, and local efforts and investigate torney, Mary Beth Buchanan, and both sides. So the distinguished Sen- and prosecute child exploitation cases. State and local officials. They were ator from North Dakota will be allowed Second, the project allows major case talking about it—just the practical dif- to speak next and then the distin- coordination between the Department ficulties of assigning police and inves- guished Senator from Virginia. of Justice and other appropriate Fed- tigators and detectives and prosecutors The PRESIDING OFFICER. Without eral agencies. on a local level and the support they objection, it is so ordered. Third, it increases Federal involve- need and the overlapping jurisdictional The Senator from Pennsylvania. ment in child exploitation cases by issues. So this will help them be able to Mr. SANTORUM. Mr. President, I providing additional investigative create seamless teams of people to go will pick up where the Senator from tools and additional penalties that are after these child abusers, as well as to Delaware left off and the Senator from available under Federal law that State project into the community informa- Utah, also thanking John Walsh and and local governments may not have. tion that is important to prevent these his wife Reve for their tremendous con- Four, the project provides increased crimes from happening. tribution to our society but in par- training for Federal, State, and local So I am grateful that Senators SPEC- ticular for this piece of legislation. We law enforcement regarding the inves- TER, HATCH, and LEAHY have worked to all have to deal in life with tragedies, tigation and prosecution of computer- include that provision in the bill. I struggles. It is the measure of a person facilitated crimes against children. think it will take us a step forward in to see how that individual responds. Finally, it promotes community and protecting our children from these Given the nature of the tragedy they educational programs to raise national predators and from exploitation. experience, it could have easily de- awareness about the threat of online The second piece of legislation is stroyed them. They took this horrific sexual predators and to provide infor- called the Schools SAFE Act. We spend incident and turned it into a tremen- mation to families on how to report a lot of time on the Senate floor talk- dous good. As Senator BIDEN says, who violations. ing about how we can improve the knows personally, I can’t think of any- As the father of six children, I can quality of education. But it almost thing worse than losing a child. Losing tell you that what Senator BIDEN said goes without saying that when you a child in such an incredibly tragic sit- about what parents used to feel they drop your child off at school, at a bare uation has to be more than you can could do to protect children—locking minimum, you expect that the people possibly bear. To take that emotion doors and being with them—has gotten who interact with them at school will and channel it into a positive course a lot more complex, with that fiber not harm them. You would think that for the benefit of other children is an optic tube that runs into your house would be almost a given. But, unfortu- incredible legacy for Adam. I know that allows the entire world to come nately, in our country today we actu- John and Reve do it for that reason, to crashing into your home and allows ally have a very poor system of check- build this incredible legacy. This leg- sick people to be able to prey on mem- ing as to whether people who are hired acy is added to today by naming this bers of your family. We need to do in schools are, in fact, safe for the chil- bill the Adam Walsh Child Protection more to educate parents. This is like dren with whom they interact. and Safety Act. pointing a loaded gun at your child, in Obviously, the vast majority of Not only is this a great thing they many cases, and asking them to get on teachers and people who work in are doing for society, they are a great and play. This is a dangerous tool. schools are good and decent people and model for so many who experience Yes, there are wonderful things on are there because they want to help tragedies every single day. People can the Internet. There is a tremendous children, not because they want to look at them and see how something world of knowledge and adventure on harm children. But like anything else, that I am sure brought them to their the Internet. But as we know, too often if you are someone who is a sexual knees can be turned around to do so the major traffic on the Internet is not predator, and you are looking to harm much good for so many. So they are those wonderful and informative sites. children, what better place to go than not only helping the children, helping They are sites that prey on our failings a place where there are children every those who are victims of crime, but and weaknesses, prey on the single day you could possibly exploit.

VerDate Aug 31 2005 04:39 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.104 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8016 CONGRESSIONAL RECORD — SENATE July 20, 2006 So it is important that we have suffi- I thank, again, the chairman and who violate them are caught and pun- cient checks in place to make sure that ranking member for their tremendous ished and have to pay to the maximum these predators are not in educational assistance to me in getting this legisla- extent. settings where they can harm and cor- tion in the final package. Again, I con- I thank the Senator from Utah for al- rupt our children. gratulate all who have been involved in lowing me the time, and I thank the The current state of play is basically this very important legislation. Senators from North Dakota and Vir- a mishmash of different State laws and The PRESIDING OFFICER. The Sen- ginia as well. different participation in a system cre- ator from Utah. The PRESIDING OFFICER. The Sen- ated to help schools access information Mr. HATCH. Mr. President, I ask ator from North Dakota is recognized. about criminal background checks. unanimous consent that 3 minutes be Mr. DORGAN. First, let me say to Some States require, for example, only yielded to the Senator from Georgia, the Senator from Utah, as well as to a State background check, while other and then we go back to the Senator my colleague, the Senator from Dela- States require an FBI background from North Dakota, and then to Sen- ware, that their leadership has been check. With these disparities, individ- ator ALLEN, and that would be it for very important on this legislation. uals continue to find opportunities to now. They will not know the names of those evade safeguards that have been put The PRESIDING OFFICER. Without whose lives are saved, but lives will be into place. objection, it is so ordered. saved because this legislation has In Pennsylvania, an FBI background The Senator from Georgia is recog- passed. I very much appreciate their check is only required for individuals nized. diligence and hard work. applying to schools for work and have Mr. ISAKSON. Mr. President, I thank This is a piece of legislation about lived in the Commonwealth for less the Senators for their courtesy. I protecting children. I don’t know what than 2 years. So if you lived in the thank Senator HATCH from Utah and is second place in the lives of many Commonwealth for several years and his committee for incorporating in this people, but I know what is in first you committed a crime someplace else, very important bill provisions known place, and that is the protection of Pennsylvania would not have the abil- as Masha’s law. I was privileged to children. They cannot protect them- ity to check that out. join, as an original cosponsor, with selves. It is our responsibility as par- Beginning in 2007, Pennsylvania will Senator KERRY on Masha’s law. ents; it is our responsibility in this require applicants who have lived in Masha is a young lady who, at an country to do the things necessary to the Commonwealth for more than 2 early age in Russia, was adopted by an protect our children. There are so years to also undergo FBI background American citizen who became her cus- many stories that it is almost hard to checks. todian. He brought her to the United begin, and you don’t know where to So we are addressing that issue in States and, systematically and over a stop. Pennsylvania. protracted period of time, abused her I think it just goes to show you that My interest in this goes back some and put her photographs over the there is no good system out there. long ways. My colleagues have de- Internet in enormous numbers. Masha, What we need to do is allow States to scribed John Walsh and the tragic loss fortunately, after a sustained period of access a database that was established of his son Adam Walsh. Those of us who time, was able to escape his custody. A by Congress in 1998 in the National have lost children understand that case was filed against him. He was in- Crime Prevention and Privacy Com- pain, but it must be enormously com- dicted and convicted and today is in- pact. This compact allows States to pounded by the pain of someone who carcerated in Massachusetts. share background information on indi- loses a child who has been abducted. Masha is, fortunately, now living in a viduals seeking employment in a My experience, especially with re- loving home in Georgia and has a won- school district. This is an important spect to North Dakota, a couple of derful mother who is truly an angel of thing to have all the States partici- years ago was to learn one day that a adoption in every way. pating in. I will not go through all of wonderful young woman had been ab- In researching this case, we found the problems, but there are all sorts of ducted in a parking lot of a shopping that young Masha, and many others memoranda and agreements and data- center in Grand Forks, ND, a young like her who have been abused in their sharing information. As a result of woman named Dru Sjodin, and, we lives, could not even recover under the that, only roughly half of the States— later found, murdered. 26 States—participate in the compact. laws as they existed. What Masha’s law There is a trial underway for some- Even States that have joined the com- does, and what is incorporated in here, one charged with murder in that case, pact don’t always get access to the in- is it changes ‘‘any minor’’ to ‘‘any per- but that case is like so many cases, it formation they need. This is a problem. son,’’ so that if a minor is depicted in seems to me. It is the case of Adam You could have a man from Pennsyl- photographs pornographically that are Walsh, it is the case of 9-year-old Jes- vania who committed sex crimes in distributed over the Internet, but by sica Lunsford, it is the case of a 12- Pennsylvania and moved to Nevada. the time the abuser is caught, the year-old girl named Polly Klaas. It is Nevada is a compact State. Nevada minor is an adult, they can still re- the case of Sarah Michelle Lunde, age could do the compact based check of cover. They cannot now, and that is ri- 13. whether this person has committed diculous. It makes sure that recovery Pull back the curtain and then ask crimes against children and find noth- on the part of a minor can take place the question: Who is it abducting these ing, because Pennsylvania does not when they become an adult, whether or children? Who are the sexual predators participate in the compact. So they not the guilty person is incarcerated. killing these children? could be hired in Nevada schools with- It raises from $50,000 to $150,000 the This is not some mystery. We know out any knowledge of the individual’s penalty for which that individual can the answer to this. The answer is, in problems in Pennsylvania. be recompensated if, in fact, someone most cases, that these murders and This is obviously a great threat to who depicts that picture and puts it on these abductions are done by those who our children. So what this bill does is the Internet and uses them is caught have been in our criminal justice sys- give schools across our Nation an es- and convicted. That compensation is to tem and who have abducted and mur- sential resource when making hiring be paid to the individual. dered before. decisions. They will be able to access Although I don’t think there is any I held a meeting in Fargo, ND, fol- this database and conduct fingerprint- price too high to cost an individual lowing the abduction of Dru Sjodin and based background checks on individ- who would take advantage of a minor, the introduction of legislation I call uals who are seeking work with or I think it is only appropriate to triple Dru’s law. What brings me to the floor around children in schools. So this is that penalty and make sure that reach- of the Senate today is the components another important step in protecting ing the age of adulthood does not ex- of Dru’s law have been included in this our children, in addition to all of the empt someone from recovery. It is a legislation. So, finally, it will become other provisions in this bill—pro- tribute to continuing to do what this law. tecting our children in this case in our bill does, and that is look after the pro- The Senate has passed Dru’s law schools. tection of minors and ensure that those twice on its own. We have not gotten it

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.105 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8017 through the U.S. House. Now it will be sharp-eyed waitress who called the po- stand that staff plays a very signifi- through the U.S. House and Senate as a lice, and she was saved. cant role in helping us write legisla- part of this Adam Walsh Child Protec- This case is an example of why there tion, do the research to get it correct tion and Safety Act, and it will become must be a national registry. and get it passed. law. Dru’s law, which I introduced, has I thank my colleagues, and I espe- A meeting I held in Fargo, ND, to three components. One is the creation cially say to the parents of Dru Sjodin: discuss Dru’s law is a meeting at which of a national registry of sex offenders. I believe that in honor of her memory I showed this poster. This meeting was The underlying legislation improves on we have, in this legislation, done some- just over a year and a quarter ago now. that by not only requiring the national thing significant. Section 120 is the I held the meeting at the city hall in registry but also standardizing the in- Dru Sjodin national sex offender public Fargo, ND. formation that will be in the national Web site. We create the three elements Prior to the meeting, I searched the registry. in Dru’s law in this legislation, and I computer for a registry of sex offenders Second, Dru’s law requires that when believe, in her memory, we will save to find out who was living within 1 a violent, high-risk sex offender is other lives. mile of where we were meeting at city about to be released from incarcer- There are many parents out there hall in Fargo, ND, who had previously ation, the local authorities must be no- today who have lost children, some to been convicted as a sexual predator— tified, the local States attorney must the horror of abduction by sexual pred- who were they? I would share the be notified. There is such a high risk to ators. If this legislation will—and I be- names with the folks who came to that the population of this high-risk of- lieve it will—prevent others from expe- meeting to say: Here is a registry in fender being released that perhaps riencing that horror, and if this legisla- North Dakota of sexual predators. there is cause to seek additional civil tion will—and I believe it will—save There is no national registry; this is incarceration, civil commitment, but children, then we will have done sig- North Dakota’s registry. they can’t do that if they don’t know nificant work here tonight. It is per- This is a poster that I showed the about the impending release. haps little noticed by some. We don’t folks who came to Fargo that day as an In fact, when a high-risk offender is have on legislation of this type perhaps example of someone who lived within a released from prison, they can’t just filled Chambers and substantial atten- mile of where we were having the meet- say: So long, good luck. That is exactly tion to it, but while it is perhaps little ing. His name is Joseph Duncan, first- what happens in too many cases. known publicly, what transpires here degree rape. He raped a 14-year-old boy Martha Stewart is thrown in jail. in the Senate tonight will have a sig- at gunpoint, burned the victim with a They put Martha in jail for 6 months, nificant influence on the future of chil- cigarette, made the victim believe he and when she gets out of Federal pris- dren in this country. was going to be killed by firing the gun on, she gets out of Federal prison wear- Mr. President, I yield the floor. twice on empty chambers; terminated ing an ankle bracelet, an electronic The PRESIDING OFFICER (Mr. from treatment; served a lengthy pris- bracelet that allows law enforcement CHAFEE). The Senator from Utah. on sentence; paroled, then absconded; to track her whereabouts. Mr. HATCH. Mr. President, I ask had a long history of sexual aggression I can give you an example of a very unanimous consent that the distin- as a youth. violent sex offender let out of prison guished Senator from Virginia speak That is his sheet from the registry in with no maintenance, no monitoring, next, but also after him, the distin- North Dakota. no electronic bracelet, just: So long, guished Senator from Texas and then What I didn’t know that day was that see you later; you served your time. the distinguished Senator from Wash- 1 month before the meeting I was hav- Yes, we will see them again when they ington, Ms. CANTWELL. ing in Fargo, this same man had been create another violent crime, another The PRESIDING OFFICER. Without charged with molesting a 6-year-old rape, another murder, another abduc- objection, it is so ordered. boy at a playground in Detroit Lakes, tion. That is why I support passing this The Senator from Virginia. MN, just across the border. Someone in kind of legislation. Mr. ALLEN. Mr. President, I rise this Minnesota checking the registry of sex- This legislation is going to save lives. evening in strong support of the Adam ual predators would not have found his Again I ask the question, and it is so Walsh Child Protection and Safety Act name. He was just miles away living in fundamental: If we send Martha Stew- of 2006. I commend Senator HATCH for Fargo, ND, but, in fact, he went over to art home with an electronic bracelet his steadfast leadership, his wisdom, Detroit Lakes, MN, and was charged on her ankle, we can’t do that to vio- and perseverance in finally getting this with molesting a 6-year-old boy. lent sex offenders when the psychia- measure to the floor for a vote. It is That is why we need a national reg- trists at the institute of incarceration long overdue. istry. Strangely enough, in April of have said, ‘‘We believe this person to be I have always believed that one of last year, he appeared on those at high risk for real offending’’? the very top, most important respon- charges, and a county judge set the Nearly three-quarters of the violent sibilities of government at the Federal, bail at $15,000, and he was released sex offenders are going to repeat that State, or, for that matter, the local after posting cash, promising to stay in offense when released from prison. We level is the safety and security of our touch, and he absconded and that is it. know that from statistics. Do we have people, particularly the most vulner- The judge said he didn’t know he had an obligation to protect children? The able people in our society—our chil- this record. answer is, you bet we do, and it is long dren. Then 2 months later, this man we past the time. That is why this legisla- When I was Governor of the Common- know now from intense media coverage tion is so very important. wealth of Virginia, I made the protec- was arrested in Idaho for kidnaping 8- As I said when I started, there is so tion of the people of Virginia, includ- year-old Shasta Groene and her broth- much here that is partisan in this ing our children, our top priority. We er, 9-year-old Dylan. The children had Chamber and the other Chamber, and worked with the legislature to abolish been missing for well over a month—2 there is so much that swirls around all the lenient, dishonest parole system in months actually—when the bound and of us in politics that we don’t like very Virginia that was releasing criminals bludgeoned bodies of their mother, much about today. But there are times after serving as little as one-fifth of their older brother and their mother’s when we do things that will make a dif- their sentence. We instituted truth in boyfriend were found at their rural ference, and we do things working to- sentencing in Virginia, and by doing home. This man is now charged with gether, Republicans and Democrats. that, when you read in the newspaper three additional murders and the kid- This is one of those moments of which or see in the news that a felon has got- naping of two children that he held and we can be proud. ten a 20-year sentence, he is serving 20 sexually abused for a number of Senator HATCH and Senator BIDEN years, not 4 or 5 years to come back months. did a wonderful job. They mentioned out and prey upon innocent law-abid- Dylan’s remains were later located, their staffs, and that is important. It is ing citizens again. and Shasta Groene, the young girl, was always the case that politicians take Clearly, the abolition of parole, truth spotted in a Denny’s restaurant by a the bows, but it is important to under- in sentencing, and longer sentences for

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.107 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8018 CONGRESSIONAL RECORD — SENATE July 20, 2006 felons has made Virginia safer. The on our children by exploiting new com- alties for child exploitation enterprises crime rates are down, and there are munications technologies, including and repeat sex offenders. This title also tens of thousands of people who will the Internet. Please understand: I be- creates a new crime—and this is impor- not be victims of crime. lieve the Internet is the greatest inven- tant—a new crime for embedding words I am going to talk about Adam tion since the Gutenberg press for the or digital images on to the source code Walsh, but there are a lot of other vic- dissemination of information and of a Web site with the intent to deceive tims of crimes. I remember when we ideas. It is a wonderful tool. And ever a person into viewing this obscenity. were trying to get the legislature and since I have been in the Senate, I have This is vitally important for all people. people behind the abolition of parole been working to make sure that avari- I tell you, it is important for families and truth in sentencing, listening to cious State and local tax commissars and children. This section is going to the stories of loved ones, of parents don’t impose 18-percent taxes on the help stop pornographers from tricking who would tell their stories, of people Internet in monthly charges. We don’t children into visiting their sites with released early and where they have want the Internet monthly bills to words that are designed to attract in- preyed upon, killed, or raped again. look like a telephone bill. Ron Wyden nocent young people. I will always remember a lady talk- from Oregon has been a good ally on The Internet safety provisions in this ing about being raped, and then right this. measure also fund Federal prosecution after her, another woman was talking But the Internet also can create new resources, including 200 new Assistant about being raped again, a second time, opportunities for criminals, especially U.S. Attorney positions to help pros- by that same person. That rapist was child predators. It is vitally important ecute persons for offenses related to released early. that we as parents and as elected lead- sexual exploitation of children, and 45 I remember talking about a police of- ers take the necessary steps to make more computer forensic examiners. ficer with young children. The police the Internet as safe as possible for our These are the experts who will be help- officer was killed on Father’s Day in children, as safe as possible for our ful within the regional computer foren- Richmond by someone released early. children when they are at home, as safe sic laboratories in the Department of The story of a young person working in as possible for them at schools, as well Justice. They include 10 more Internet the bakery in Richmond who was killed as in libraries. Crimes Against Children task forces. by someone released early. The story of I recently introduced a bill called the These are also important. There is a mother talking about a violent as- Internet Tax Nondiscrimination Act. some good work being done in Bedford sault and then the smothering with a This bill makes permanent the Inter- County, Virginia, in between Lynch- pillow of her daughter, and then having net tax moratorium, which is sched- burg and Roanoke. The sheriff, Mike to go back to the parole board to re- uled to expire next year. This measure Brown, in Bedford County has insti- count why that criminal, that mur- also increases the ability of parents to tuted Operation Blue Ridge Thunder derer, should not be released once protect their children from Internet which works on this, but the State and again. predators. In fact, this is still law local folks can certainly use the assist- Before I became Governor in Vir- today. We want to keep this going. ance and help of the forensic experts ginia, pedophiles were serving an aver- In our bill, we impose a responsi- and U.S. attorneys. After all, a lot of age of 31⁄2 years in prison. Now, with bility on Internet service providers to this is across State lines. All of these the abolition of parole, and truth in offer customers filtering technology. resources are absolutely necessary for sentencing, their sentences are 26 years The ISPs, or Internet service providers, the investigation and the prosecution rather than 31⁄2 years. Not surprisingly, need to limit access to material that of child sex offenses. there are now fewer victims of crime in would be harmful to minors. This fea- The Internet safety provisions in this the Commonwealth of Virginia. How- ture will create a powerful, and does bill also expand the civil remedy avail- ever, there continue to be child preda- create a powerful, financial incentive able to children who have been sexu- tors who lurk in the shadows of our so- for ISPs to provide the filtering tech- ally abused and exploited. ciety. nology that parents need. Once parents This is vitally important, common- Studies show that there are more are empowered with this technology, I sense legislation that is going to pro- than 550,000 registered sex offenders in guarantee you they will use it to pro- tect and, indeed, it is going to save the United States, and there are an es- tect their young sons and daughters. I lives. It is perfect that we pass a bill timated 100,000 sex offenders who are am pleased the Senate Commerce Com- named after Adam Walsh, a child who missing from the system. Loopholes in mittee approved this bill as part of the lost his life at age 6 to a child predator. this current system have allowed some telecom reform bill on a vote of 19 to 3. It can be Adam Walsh, but to all the sexual predators to evade law enforce- However, we as a legislative body parents who are out there who lost a ment and place our children at risk. have much more work to do, especially young child to a sexual predator, it can That is why the national registry as- when it comes to increasing penalties be their name put in here as well. The pect of this bill is so important. on Internet predators, by giving law parents of Adam Walsh have dedicated Some may wonder, why is there such enforcement officials the tools they their lives to making sure there are a focus on sex offenders? Why is there need to catch Internet predators and not other parents grieving with the such a focus on pedophiles and sex of- convict them. This is a key reason I loss of their son or their daughter. fenders and rapists? The reason is, if have signed on as a cosponsor of the Adam’s spirit lives on and the inspira- you look at the statistics—and it is not Adam Walsh Act. This legislation is vi- tion for action is in this measure, ac- unique to Virginia; it is the way it is tally needed. As I said, it should have tion that will save lives. More children across this country—the highest recidi- been passed many years ago. This legis- will be able to grow up with the inno- vist rate, or the highest repeat offender lation honors the memory of a 6-year- cence they deserve and the safety they rate of any crime—even higher than old boy named Adam Walsh who was deserve, thanks to the efforts of Adam murderers, even higher than armed kidnapped and murdered nearly 25 Walsh’s parents and also the wisdom, robbers—is sex offenders. That is why years ago. This bill also recognizes the on a bipartisan basis, of the Senate not it is so important we have the registry. tireless efforts of his parents, John and to dawdle, but to act. I commend the When someone is caught, first, they are Reve Walsh, who have been out- Senate for acting, particularly those in getting a long sentence, and the best standing advocates for children all the committee. I am honored to be a way to protect people is having these across America, in making sure we cosponsor, and I look forward to the sex offenders behind bars rather than have some common sense when we are passage of this act, the signing by the lurking in a parking garage or trying combating violent criminals. President, and the protection of chil- to lure young children. That is why the The Adam Walsh Act—and I want to dren all across America. focus on sexual predators is so impor- focus on one title—this bill in title 7 Mr. President, I yield the floor. tant, in that they have the highest re- includes what is called the Internet The PRESIDING OFFICER. The Sen- peat offender rate. Safety Act, sets out several provisions ator from Texas is recognized. Now, these days, child predators have that will dramatically increase Inter- Mr. CORNYN. Mr. President, I too increased their ability to inflict harm net safety, including tough new pen- rise to support the Adam Walsh Child

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.108 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8019 Protection and Safety Act of 2006. This As many of you know, John Walsh is laws against multiple child victims. It act represents landmark, bipartisan the host of ‘‘America’s Most Wanted’’ also enacts various other important legislation to protect the most vulner- and has spent a lot of time and effort provisions, including making the fail- able among us: our children. Over the working on this bill. This is not the ure to register as a sex offender a de- last several months, the House and the first time he has invested his efforts portable offense for aliens and pre- Senate met, negotiated, and finally and expertise in helping Congress ad- venting sex offenders from taking ad- reached agreement on this important dress child crime legislation. In the vantage of our immigration laws. measure. previous Congress, we passed legisla- This is one of those fine times in the I want to note and, in doing so, com- tion that included the Code Adam Act, U.S. Congress where we have come to- mend the tremendous leadership Chair- which required Federal buildings to es- gether on a bipartisan basis to do man SPECTER and Senator HATCH, our tablish procedures for locating a child something that rises above partisan- immediate past chairman of the Senate who is missing in Federal buildings. ship and is enormously significant in Judiciary Committee, and their respec- The title of this current bill appro- terms of improving our quality of life tive staffs, as well as the House Judici- priately honors Mr. Walsh’s efforts, and protecting those who are most vul- ary Committee chairman, JIM SENSEN- and I am told the President will sign nerable among us. This Congress con- BRENNER and his staff, for all their tire- the bill, if we pass it, on July 27, mark- tinues to act on measures that benefit less dedication to this legislation. ing the 25th year since the day Adam our Nation and protect our children. It Many people have devoted time and ef- was abducted. has long been said that societies are ul- fort to see this bill through, ensuring I do not pretend to understand the timately judged on how they treat that we do everything within our power pain and trauma the Walsh family or their elderly and their young. This bill to protect our children. others have had to endure as a result of is an important step toward improving The crimes of child abuse and child these terrible crimes against children. the safety of those who are our young- exploitation are astounding but, unfor- But I am eternally grateful for the way est and most vulnerable. tunately, all too prevalent. The recent John Walsh has used this pain and this Finally, Mr. President, I would like wave of child abductions in this coun- trauma to improve the lives of other to specifically express my gratitude to try demonstrates the need for this type people and to ensure we take every the many dedicated staff who worked of response from the Congress. There is step within our power to protect our tirelessly on this bill for some time, in- only one way to deal with those who children against like crimes committed cluding Matthew Johnson and Lynden prey on children: They must be caught against Adam Walsh. Melmed from my own staff. Addition- sooner, punished longer, and watched I wish to take a second to highlight ally, I would like to thank the fol- closer than they are today. other important measures contained in lowing staff: Before I came to the Senate, I was the bill which will enhance existing Allen Hicks, Mike O’Neill, Matt Miner, honored to serve as the chief law en- laws, enhance investigative tools, Todd Braunstein, Brett Tolman, Lisa forcement officer of the State of Texas criminal penalties, and child crime re- Owings, Bruce Artim, Ken Valentine, Tom as Texas attorney general. There, I in- sources in a variety of ways. This bill Jipping, Dave Turk, Bradley Hayes, Joe stituted a new specialized unit known requires sex offenders to register and, Matal, Nicole Gustafson, James Galyean, as the Texas Internet Bureau which in the case of the most serious offend- Amy Blankenship, Jane Treat, Sharon Beth was designed to coordinate and direct ers, to do so for up to the length of Kristal, Julie Katzman, Noah Bookbinder, efforts to fight Internet crimes such as their entire lives. It requires them to Christine Leonard, Lara Flint, Marianne Upton, Preet Baharara, Melanie Looney, fraud, child pornography, and address report in person at least once each year Anna Mitchell, Gabriel Adler, Alea Brown, privacy concerns, among others. As to update personal information and to Bradley Schreiber, Mike Volkov, Sean others here have noted, the Internet is take a new photograph. It requires pub- McLaughlin, Bobby Vassar, and Greg Barnes. a remarkable tool which has revolu- lic posting for public access on the Mr. President, I yield the floor. tionized the way we live, the way we Internet of information about sex of- The PRESIDING OFFICER. The Sen- communicate, and the way we receive fenders so it is widely available, and so ator from Washington is recognized. information. The problem is, though, parents can take steps necessary to Ms. CANTWELL. Mr. President, I there is a dark underbelly to the Inter- protect their children. It forces States rise to speak about the Adam Walsh net, and the Texas Internet Bureau was to comply with this program or, I Child Protection and Safety Act. I designed to specifically identify Inter- should say, persuades them to comply thank the Senator from Utah for his net predators who were then caught, with the program by linking participa- leadership on this legislation over the prosecuted, convicted, and taken off tion to Byrne grant funding, and it last several years, and I thank his staff the streets. I am grateful to have had punishes with imprisonment up to 10 for their hard work and perseverance in the opportunity to work with my col- years those who fail to register, and if pushing this legislation to the Senate leagues in the Senate to help continue they commit a violent crime while un- floor tonight. on this important initiative and to registered, they can be punished for up Last June, the entire Nation was hor- make it available to more and more of to 30 years consecutive to any under- rified by the kidnapping and murders our children and, thus, to make Amer- lying conviction. It requires the Attor- of the Groene family and the tragic ica a safer place for our children to ney General of the United States to crimes upon little Shasta Groene. grow up. create Project Safe Childhood, which Joseph Duncan was a convicted sex I want to take a moment to highlight will integrate Federal, State, and local offender who beat Brenda Groene; her another very important participant in efforts to prosecute the crime of child 13-year-old son, Slade; and her boy- these negotiations who has been noted exploitation. It increases punishments friend, Mark McKenzie to death. Their and praised for his efforts, but I think for any crime of violence against a bodies were found in their home in we can’t say enough to recognize his child, and authorizes grants to States Idaho on May 16, 2005. The killings cap- contribution. John Walsh has a long- to implement these important pro- tured the national headlines and standing commitment to fighting for grams, and provides them grants to do prompted a massive search for the two child victims and measures to protect so. Groene children, 8-year-old Shasta and children across this country. As has It also includes many of the provi- her 9-year-old brother, Dylan. been recounted, his son Adam Walsh sions of the Internet Safety Act which Six weeks later, on July 2, restaurant was kidnapped from a mall in Florida I cosponsored with Senator JON KYL workers in Idaho recognized Shasta and murdered in 1981. Since that day, and others which, among other things, and called the police. Dylan’s remains John Walsh has dedicated his life to creates a new crime outlawing child ex- were found later in western Montana. helping victims of crime, and he has ploitation enterprises, and would im- This did not have to happen. been enormously successful and influ- prison for a mandatory minimum sen- In 1980, Duncan was convicted of rape ential in doing so. It is only appro- tence of 20 years those who act in con- in Washington State. He was sentenced priate that this bill honors the inspira- cert to commit at least three separate to 20 years in prison and began his sen- tion he has given to us all in the life of violations of Federal child pornog- tence in a treatment program. After he his son Adam Walsh in the process. raphy, sex trafficking, or sexual abuse was terminated from the program, he

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.110 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8020 CONGRESSIONAL RECORD — SENATE July 20, 2006 served his sentence in prison until he We also established a minimum sen- I know people in Arkansas want to pro- was released on parole in 1994. tence for certain sex crimes and tough- tect our children. I say that as a In 2000, he moved to Fargo, where he er registration rules. Back in 1990 we former attorney general because I registered with the North Dakota Sex were the first State to enact a sexual know we worked with John Walsh and Offender Registry, but before long he predator involuntary commitment law other people who dealt with missing had moved again and both the North that ensures predators who are about and exploited children all over the Dakota and Washington State reg- to be released after serving their time country. We tried to be as active as istries lost track of him. can be prevented from being released if possible in the attorney general’s office In April of 2005, a Minnesota judge re- mental health officials believe that in Arkansas. Thirdly, and most impor- leased Duncan on bail after he had been they will endanger the community. tant, I say it as a father because I want charged with child molestation. This law has become a national my children protected like everybody Duncan promptly skipped town. model for other States to follow. else here and everybody around the Minnesota issued a warrant for his Today, these sexual predators are country who wants their children pro- arrest that May because he had not housed on McNeil Island where they tected. registered as a sex offender in that cannot hurt our children. Senator FRIST made a statement a State, but by that time it was too late. Here is what I know. Local law en- few moments ago about child predators On May 16, the Groene family was forcement needs the tools and informa- on the Internet. It is a real problem. It found dead and it wasn’t until July 2 tion that this legislation will give is something we in the Congress are that Shasta was recovered. Joseph Duncan was essentially lost them to defend our children. It will trying to deal with in this legislation. by three States. He moved from State help us close the gap between Federal It is something we need to keep focused to State to avoid capture. and State sex offender registration and on even though we passed this legisla- No one knew where he was nor even notification programs. Every State tion. We need to keep focused on it so how to look for him. needs to update one another and the we can make sure that what we have I say again, this did not have to hap- national registry in real time, and we on the books works. I am very proud of pen. need to recognize that tough punish- the Senate tonight for considering this. There is no worse crime than a crime ment today will prevent terrible costs I am very proud of the Congress for the against a child, and one crime against tomorrow. way they have handled this and moved a child is too many. That is why I have We must keep our communities safe, this through the process. cosponsored the Child Protection Safe- and I know that is why the Senate is I also wish to say another word. ty Act, because we need better infor- going to act on this legislation tonight. There is a program around the country mation. We need a better system to The Adam Walsh Protection and Safety called Code Adam. Actually, an Arkan- keep that information accurate, and we Act creates this registry on a national sas company started this—Wal-Mart— need better standards to keep that sys- level that is so long overdue. It pro- several years ago, where they have a tem from breaking down when we need vides strong, practical tools for law en- little blue sticker on the door of every it most. The Senate must pass this bi- forcement The new registry will ex- Wal-Mart. They do a Code Adam proce- partisan legislation to improve the na- pand the scope and duration of sex of- dure in the store if a child is reported tional sex offender database, to link fender registration and notification re- missing in the store. I cannot tell you State tracking systems, and to prevent quirements. It will keep track of all how many children have been saved in sex offenders from escaping and mov- sex offender information—addresses, Wal-Marts but also in other retail ing to other States. employment, vehicle, and other related stores that use Code Adam. Wal-Mart Today there is far too much disparity information. And, as my colleague has given this idea to anybody who among State registration requirements from North Dakota talked about, with wants to do it. It has worked and it has and notification obligations for sex of- his hard work, it also has a national probably saved dozens, if not hundreds, fenders. Yes, there is already a Na- sex offender Web site registry, the new of children. It is named after Adam tional Registry, but it is based on often Dru Sjodin National Sex Offender Web Walsh because he was abducted and outdated listings from all 50 States. site, so that every American can stay murdered several years ago. Worse, there are currently no incen- informed. Lastly, my friend, Colleen Nick, tives for offenders to provide accurate Now the public will be able to search whom I met through my time in the at- information, which helps to undermine for sex offender information by geo- torney general’s office in Arkansas— the system. graphic radius and zip code, and the her daughter Morgan Nick was ab- Child sex offenders have exploited bill also, as my colleague from Texas ducted from a ballfield in Alma, AR, this stunning lack of uniformity, and just mentioned, increases the penalties several years ago when Morgan was the consequences have been tragic. for violent sex crimes against Amer- about 5 years old. Colleen has devoted Twenty percent of the Nation’s 560,000 ica’s children. her life to missing children issues. So I sex offenders are ‘‘lost’’ because State It requires that the sex offenders reg- am proud that this passed tonight for offender registry programs are not co- ister prior to their release from prison Morgan and Colleen and the Nick fam- ordinated well enough. or supervised programs. ily because I have talked to them and We take these numbers very seri- America needs this legislation. I am spent a lot of time with the Nicks. I ously in Washington State. In Wash- so proud of my colleagues in joining in know the void it creates in a parent’s ington State we have over 19,000 reg- a bipartisan effort to give law enforce- life and in a family’s life when one of istered sex offenders and kidnaping of- ment the tools they need to protect our their children is missing and never fenders; more than 2,900 Washing- families and our communities. Let’s found. tonians are currently incarcerated for give them the information and the re- Mr. President, I am very proud to these sex crimes. But we must be tough sources they need to get tough with sex support this legislation. I believe it on these criminals because the na- offenders. Let’s pass the Adam Walsh makes America better, stronger, and it tional statistics are staggering. Child Protection Safety Act to not puts some teeth in the law that we One in five girls is estimated to be a only honor John Walsh and his family, need. It is something of which we can victim of sexual assault. One in ten but also for all those who have been all be proud. boys is estimated to be a victim. Only victims of this hideous crime, and to Mr. GRASSLEY. Mr. President, I rise 35 percent of these cases are ever re- show that we are willing to work to- today in strong support of the Adam ported to the police. That is why this gether to be aggressive in taking ac- Walsh Child Protection and Safety Act. spring, Washington State passed a tion and helping to make America safe I am proud to be a cosponsor of this tough law that is new in mandating for our children. bill and am even prouder that we have that sex offenders from other States I will yield the floor. been able to work across party lines must register with authorities within 3 Mr. PRYOR. Mr. President, I rise and in both Houses to come up with a days upon moving to Washington today to support the Adam Walsh Child bill that we all can support and that State. The previous law had been 30 Protection Safety Act of 2006, H.R. will genuinely help protect our chil- days. 4472. I say that as an Arkansan because dren from sexual predators.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.112 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8021 My commendations and heartfelt prisons, released sex offenders were colleagues to join me in doing just that sympathy go out to John and Re´ve´ four times more likely to be rearrested by voting in favor of this bill. Walsh, Mark Lunsford, and all the for a sex crime. Even more troubling, Mr. NELSON of Florida. Mr. Presi- other parents and loved ones of chil- according to several federally funded dent, the Congress will soon pass im- dren who were taken so violently from studies, child molesters have an even portant legislation that will better pro- those who loved them so dearly. With- higher rate of rearrest than rapists. tect children around the country from out the tireless efforts of these folks, Three years ago, we passed the PRO- those who seek them harm. The Adam this bill might not be on the floor here TECT Act, a bill I worked on with my Walsh Child Protection and Safety Act, today, as we near the 25-year mark of colleagues to provide the judiciary H.R. 4472, named after the son of John the disappearance and murder of Adam with the necessary tools to ensure that and Reve´ Walsh who was killed in Flor- Walsh. our children and grandchildren grow up ida almost 25 years ago, is the toughest The urgency of passing this legisla- in a safe community, free from child and most comprehensive sex offender tion is clear. The murders of Jessica predators. This bill complements the bill in recent years. Lunsford, Sara Lunde, Tiffany Souers, process we started with the PROTECT This legislation includes a number of and Jetseta Gage, who was from my Act, and adds much needed additional changes to safeguard children, includ- home State of Iowa, have been thor- protections for children and for our ing tougher sentences for crimes com- oughly covered in the news in recent communities. mitted against children, a publicly ac- times. Each of these murders was com- The bill before us today includes cessible national database of sex of- mitted by a repeat sex offender. These parts of the Jetseta Gage Prevention fenders, and a Federal requirement for cases should open our eyes to the ne- and Deterrence of Crimes Against Chil- convicted sex offenders to register cessity of passing a bill that will pro- dren Act, a bill that I introduced last their locations with law enforcement tect children from monsters who com- year to strengthen penalties for crimi- officials. The bill also includes a provi- mit these crimes and ensure that those nals who commit sex offenses against sion, which I authored, to track re- who do commit the crimes will receive children. It ensures that those who leased sex offenders. tougher penalties. commit heinous crimes against our Sadly, events of the recent past high- As I mentioned, Jetseta Marrie Gage children are appropriately punished light the need for us to know the loca- was from my home State of Iowa. I and that anyone thinking of commit- tion of convicted sexual offenders if would like to take a moment to talk ting similar crimes will think twice they are released back into our com- about the beautiful 10-year-old girl who about the repercussions. The bill in- munities. was sexually assaulted and murdered creases penalties for sexual offenses In my State of Florida, two young last year. against children, including sexual girls, Jessica Lunsford and Sarah On March 24, 2005, Jetseta went miss- abuse, murder, kidnapping, sex traf- Lunde, were both murdered by con- ing from her home. Within 12 hours of ficking, and various activities relating victed sex offenders within weeks of her disappearance, even before a body to the production and dissemination of each other in 2005. had been found, law enforcement offi- child pornography. Jessica Lunsford of Homosassa, FL, cials took Roger Bentley into custody. This bill goes far beyond these pen- was a 9-year-old girl who was abducted Bentley had been previously con- alty increases, however. It establishes from her home, raped, and then buried victed for committing lascivious acts sex offender registration and notifica- alive by a convicted sex offender who with a minor. Unfortunately, this man tion requirements, essential to aid par- lived 150 feet from her home. Law en- only served a little over 1 year in pris- ents in monitoring their children’s en- forcement had lost track of him and on for his previous sex crime convic- vironments. It strengthens child por- they did not know that he worked at tion. Two days later, due to a tip re- nography prevention laws and sets up the school that Jessica attended, de- ceived by a woman responding to the grants, studies, and other programs for spite his being a registered sex of- Amber Alert, Jetseta’s body was found the safety of children and commu- fender. A few weeks later, 13-year-old stuffed in a cabinet in an abandoned nities. It delves into Internet crimes, Sarah Lunde of Ruskin, FL, was mur- mobile home. She had been sexually an area that is becoming increasingly dered by her mother’s ex-boyfriend. He molested and suffocated with a plastic important in light of the dangers posed is also a convicted sex offender. bag. I can’t help but wonder whether to children and the lack of knowledge In response to these tragic events, Jetseta would still be alive today had on the part of parents, which hampers Florida enacted a law that provides her killer received stricter penalties their ability to protect their children. tougher sentences for child sex offend- for his first offense. It breaks my heart My good friend from Arizona, Mr. KYL, ers and aids law enforcement in effec- to hear about cases like this, but it is introduced the bill this section is based tively monitoring those sex offenders. even more disheartening when you on and which I cosponsored. The law requires sex offenders, released know that it might have been pre- As the elected representatives of the back into our communities, to wear a vented with adequate sentencing and American people, our foremost duty is device to allow authorities to track that hers is just one tragic story in a to protect those who cannot protect them via a global positioning system. long list of horrific crimes committed themselves. Child rapes and murders My provision in the Adam Walsh Act every year. are now being reported on our news provides Jessica Lunsford and Sarah Child sex offenders are the most hei- programs on a regular basis. We have Lunde grants to aid States and local nous of all criminals. I can honestly the power to prevent so many of these government in purchasing electronic tell you that I would just as soon lock crimes by creating stronger deterrents monitoring systems, such as global po- up all the child molesters and child and letting parents know where these sitioning systems, that will provide pornography makers and murderers in sex offenders lurk after they are re- law enforcement with real time infor- this country and throw away the key. leased. When crimes are committed, mation on the whereabouts of sex of- As it should all of us, the thought of the least we can do is ensure that the fenders released from prison to within what these predators do to our inno- rapists and murderers won’t get the op- 10 feet of their location. Law enforce- cent children literally makes me sick portunity to hurt another child. ment will be able to restrict the move- to my stomach. The thought that we It is a tragedy that it took so many ments of sex offenders by programming might not do what we could to deter stories like those of Adam Walsh, these systems to alert authorities if a them but also to prevent the same peo- Jetseta Gage, and Jessica Lunsford for sex offender goes to a park, amusement ple from committing the same crimes a law of this nature to be proposed. I park, elementary school or other areas against other children is unacceptable. strongly believe that a vote for this determined to be off limits. The ankle According to a study funded by the De- bill can save the lives of children in the bracelets used to monitor their move- partment of Justice, 5.3 percent of sex future. We have an obligation as legis- ments are tamperproof and will alert offenders were rearrested within 3 lators to protect our citizenry. We have law enforcement in the event that an years following their release for an- an obligation as adults to protect our offender has removed it so law enforce- other sex crime. Also, compared to youth. We have an obligation as par- ment can immediately act to appre- non-sex offenders released from State ents to protect our children. I urge my hend the offender.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.057 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8022 CONGRESSIONAL RECORD — SENATE July 20, 2006 The grants will provide a total of $15 tributed by this one individual that istered and how often he or she must million to State and local government raised suspicions and led law enforce- come in for a personal verification of to help implement laws in order to get ment officials to the home of Masha’s the registration information. The act tougher on sex offenders released back adopted father. While he is currently in also creates community notification into their communities with electronic jail accused of sexual abuse and facing requirements and will make it a felony monitoring technology. The bill will Federal charges, the damage to Masha for sex offenders to fail to register and provide for $5 million in grants for fis- continues every day as her pictures update their information on a regular cal years 2007 through 2009. The bill continue to be downloaded. Masha has basis. The Dru Sjodin National Sex Of- then directs the Attorney General to sought compensation through a little fender Public Web site will allow the provide a report to Congress assessing used provision in the Child Abuse Vic- public to search for information on sex the effectiveness of the program and tims’ Rights Act of 1986 that provides offenders by ZIP Code and geographic making recommendations as to future statutory damages for the victims of radius. funding levels. sexual exploitation. Nothing will ever All of these changes will help make In the United States, there are an es- compensate Masha for the horrific ex- our tracking laws more effective and timated 380,000 registered sex offenders, periences she has had, but the penalties will allow parents and members of the although thousands have disappeared, provided in current law are embarrass- local community to be vigilant about according to authorities. We have over ingly low—they are one-third of the the potential dangers of sex offenders 30,000 of these sex offenders in the penalty for downloading music ille- in their neighborhoods. State of Florida. Laws, such as the one gally. But before we can put a predator can in Florida, and the Adam Walsh Act, According to the Center for Missing appear on the registry, he needs to be which will be passed by Congress, are and Exploited Children, child pornog- caught and prosecuted. The Adam necessary to protect our children. I be- raphy has become a multibillion dollar Walsh Act includes urgently needed re- lieve it is important that the Federal Internet business. With the increas- sources to assist law enforcement in Government be appropriately sup- ingly sophisticated technology of dig- these endeavors. This act establishes 10 portive of State and local governments ital media, child pornography has be- new task forces dealing with Internet that are addressing this problem. To be come easier to produce, transfer, and crimes against children, 45 new com- effective, tough laws on sexual preda- purchase. We are not doing enough to puter forensic examiners to deal exclu- tors of children must be properly fund- deter those who post and download sively with child sexual exploitation, ed, and I believe these tough laws being child pornography. and 200 new Federal prosecutors—all passed by Federal and State legisla- Masha’s Law would do two things; designated to combat child sexual ex- tures are worth properly funding when first it would increase the civil statu- ploitation. they will protect our children. tory damages available to a victim of This act also tries to protect children Children are our most important child exploitation; and second, it would from being victimized in the first treasure and protecting them is one of ensure that victims of child pornog- place. It provides grant money for edu- our most sacred responsibilities. I hope raphy whose images remain in circula- cating parents and children about this bill will serve as a living memorial tion after they have turned 18 can still those who use the Internet to prey to all the children and serve as some recover when those images are upon children. It funds Big Brothers comfort to their families. I hope the downloaded. The injuries do not cease and Big Sisters and includes my bill for Jessica Lunsford and Sarah Lunde to exist simply because the victim has the reauthorization of the Police Ath- grants provided in this bill will allow turned 18. They continue and so should letic Leagues. These two programs pro- law enforcement to help prevent other the penalties. vide kids with supervision and role families from suffering similar trage- These changes are long overdue. I am models and mentors who can help pro- dies. proud that the Senate has passed this tect them from predators. In addition, Mr. KERRY. Mr. President, today the important legislation, and I am grate- it mandates that potential foster and Senate passed the Adam Walsh Child ful to Masha for having the courage to adoptive parents go through a thor- Protection and Safety Act of 2006, stand up and make her voice heard. ough criminal background check before which will help prevent the child ex- Mr. DEWINE. Mr. President, I am a child can be placed with them. ploitation by, among other things, cre- proud to be a cosponsor of the Adam Also incorporated in this bill are as- ating a national system for the reg- Walsh Child Protection and Safety Act pects of the Internet Safety Act which istration of sex offenders. Included in of 2006, which provides law enforcement I proudly cosponsored. These include this legislation is a very important officers with several important tools to establishing new criminal penalties to provision that I authored with Senator protect our children. In the past three keep up with the constantly increasing ISAKSON called Masha’s Law. Masha’s decades, we have all seen and heard level of depravity among pedophiles— Law is named after a very brave 13- about the many tragic cases of children for example, the child exploitation en- year-old girl—a Russian orphan who being assaulted and killed by sex of- terprises provision to prosecute the was adopted by a Pennsylvania man at fenders. These are absolutely horri- ‘‘molestation on demand’’ child porno- the age of 5 and sexually exploited fying events, and as legislators, we graphic industry that has sprung up in from the moment she was placed in his have an obligation to do all we can to recent years. Sexual predators of chil- care. Masha suffered unspeakable prevent such crimes in the future. We dren are among the worst kind of of- atrocities in the hands of her abusive need to improve and enhance sex of- fenders, and it is only right that there father, a man with a history of child fender registration and tracking laws are sentencing enhancements for reg- exploitation. She continues to suffer as and increase penalties for those who istered sex offenders who reoffend. photographs of this abuse, taken by her violate them, which this act will ac- This is a good piece of legislation. I father and posted on the Internet, are complish. am pleased so many of my colleagues downloaded every day. Yet Masha does There are several prongs to this act, support it, and I look forward to its not cower in fear. She is taking a which is what will make it successful. pending passage. stand. She is using her experiences to The core of this bill establishes a na- Mr. KENNEDY. Mr. President, in demonstrate why the law must change. tional sex offender registry. Although May, the Senate passed the Sex Of- And it is because of her that we are each State has a registry, there are no fender Registration and Notification now closing unacceptable loopholes in uniform standards. There is no easy Act to standardize and strengthen reg- our child exploitation laws. way to access information from dif- istration and monitoring of sex offend- Masha’s photographs are among the ferent jurisdictions. This act creates a ers nationwide. Since its passage, the most commonly downloaded images of uniform Federal standard which di- House and Senate have worked closely child pornography. Law enforcement vides offenders into tiers, depending to resolve their differences and to im- estimates that 80 percent of child por- upon the offense for which they were prove the overall quality of the legisla- nography collections contain at least convicted. It establishes registration tion. The bill before us today contains one of her photographs. In fact, it was guidelines for each tier, including how difficult compromises, but it has the high volume of images being dis- long a person would need to be reg- achieved that goal.

VerDate Aug 31 2005 05:52 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.044 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8023 This legislation is critically impor- fenses before they occur. It also au- doing what they do best—making indi- tant to safeguard victims of sexual thorizes funding for sex offender treat- vidual determinations on sentencing, abuse from harm. It will help protect ment and management within the Fed- based on the circumstances of indi- innocent people from violent offenses. eral prison system. These provisions vidual cases. With more than 2 million It recognizes the victims and all the will be helpful in reducing the future Americans in prison or jail—including suffering both they and their families risks to society by convicted sex of- 12 percent of all African-American men have endured. fenders. If Congress is serious about ad- between the ages of 20 and 34—no one With this legislation, we are recog- dressing this problem, it must commit can seriously argue that there is an nizing the loss of Molly Bish from War- itself to fully funding the legislation. epidemic of leniency in Federal sen- ren, MA. At 16, Molly was abducted All States currently have registra- tencing. This latest batch of manda- from her position as a lifeguard, and tion requirements for sex offenders, but tory minimums undermines more than her family endured terrible uncer- this bill will create a system of na- two decades of legislative work devoted tainty until her remains were found 3 tional tracking and accountability to striking a sensible balance between years later. Molly was a typical teen- that preserves the ability of individual consistent sentencing and the need to ager who took great joy from life. Her States to provide additional procedures provide judges with the discretion to nickname was Tigger, because she was to assure the accuracy and usefulness always on the move. She is survived by make sure each sentence fits the of the registries. crime. her parents, John and Magi Bish; her Massachusetts has a system that sister, Heather; and her brother, John, works. We are already doing most of Although it is important to have Jr., who work every day to keep chil- what this bill requires, but our system strong penalties for crimes against dren safe, honoring her life and her leg- goes beyond these basic requirements children, I have major reservations acy. by providing individualized risk assess- about the broad expansion of the death With this bill, we also remember with ments of each sex offender who goes on penalty in this compromised legisla- sadness another Massachusetts resi- the registry. These individual assess- tion. It is clear that continued imposi- dent, Alexandra Zapp. Ally was 30 ments, combined with hearings allow- tion of the death penalty will inevi- years old when she was attacked and ing offenders to challenge their classi- tably lead to the wrongful execution of murdered in a public restroom by a re- fication, help ensure that States like more and more people. Justice Mar- peat sex offender in Bridgewater, MA, Massachusetts can provide the highest shall, in particular, wrote powerfully in 2002. Ally’s friends described her as a quality of information on potential on this issue. He believed that if our strong, smart, and independent woman. threats to the community while re- citizens knew the truth about the She had worked at the USA Sailing As- specting the tremendous impact that death penalty, ‘‘its disproportionate sociation of Portsmouth, RI, where she community notification can have on imposition on racial minorities and the was a keelboat training coordinator. offenders’ lives. I am pleased that this poor, its utter failure to deter crime, Ally is survived by her mother and sis- and the continuing likelihood of exe- ter, Andrea and Caroline, and her fa- legislation respects the right of indi- vidual States to innovate in this area cuting the innocent,’’ it would be re- ther and stepmother, Ray and Linda. jected as morally reprehensible. This legislation is dedicated to her and does not penalize States who go memory, along with the memories of the extra mile to improve their reg- Last year, the Supreme Court struck Molly Bish and the many other victims istries. down the death penalty for juveniles— For this reason, section 125 of the of terrible crimes. persons 17 years old or younger. The Several changes have been made to compromise is very important. Each Court’s ruling was significant. It was this legislation as a result of our work State will face challenges in the imple- long past time to erase that stain from with the House. It is important to mentation of these new Federal re- our human rights record. The basic in- make sure that information on offend- quirements, and States should not be justice of the death penalty is obvious. ers who pose a potential threat is penalized if exact compliance with the Experience shows that imposition of available to the public at large, and act’s requirements would place the the death penalty inevitably leads to this bill provides for Internet listing State in violation of its constitution or wrongful executions. Many of us are and community notification about an interpretation of the State’s con- concerned about the racial disparities such individuals. stitution by its highest court. in the imposition of capital punish- At the same time, in order for the The Massachusetts Supreme Judicial ment and the wide disparities in the registry to be effective, it should be Court has concluded that offenders are State in its application. The unequal, targeted toward those who present the entitled to procedural due process be- unfair, arbitray, and discriminatory highest risk to our communities. The fore being classified at a particular use of the death penalty is completely current version takes a more sweeping risk level and before personal informa- contrary to our Nation’s commitment approach toward juvenile offenders by tion about them is disseminated to the to fairness and equal justice for all, expanding their registration require- public. Massachusetts has been vigilant and we need to do all we can to correct ments. The Senate bill allowed each in implementing a comprehensive and this fundamental flaw. effective sex offender registry, and it State to determine whether a juvenile Finally, the national registry of sub- should not lose much needed Federal should be included on the registry. stantiated cases of child abuse in this funding where there is a demonstrated This compromise allows some offenders bill should not be implemented until inability to comply with certain provi- over 14 to be included on registries, but Congress has a full understanding of its only if they have been convicted of sions of this new Federal law. No State should be penalized and lose scope and effectiveness. The proposed very serious offenses. For juveniles, the registry raises serious implementation public notification provision in this critical Federal funding for law en- forcement programs as long as reason- challenges and could create an addi- bill is harsh given their low rate of re- tional and unnecessary burden for cidivism, which is less than 8 percent able efforts are under way to imple- ment procedures consistent with the States. Not all States maintain the according to the most recent studies. same registry information, and most For this reason, it is especially impor- purposes of the act. It is essential that States maintain different rules on dis- tant that the bill includes funding for the Federal Government continue to closure. Tribal entities, which are in- treatment of juvenile offenders. These collaborate and to provide support for cluded in this proposed registry, cur- provisions recognize that juvenile of- State and local governments, including rently maintain no registries at all. fenders, who have much lower rates of the prevention, intervention, and en- recidivism and have been shown to be forcement of antigang and antidrug ac- I am concerned that this registry much more amenable to treatment tivities as a result of this bill. raises serious privacy concerns by in- than their adult counterparts, At the same time, the new manda- cluding information on cases without shouldn’t be lumped together with tory minimum sentences in the act the opportunity for due process. For adult offenders. aren’t justified by any empirical data this reason, it is important that the The bill also provides increased fund- or sound policy. Mandatory minimums study on establishing data collection ing for programs to prevent these of- prevent prosecutors and judges from standards be completed before such a

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.045 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8024 CONGRESSIONAL RECORD — SENATE July 20, 2006 registry is established. Current stand- West Virginia NAACP delegation. They I believe government must do all it ards for inclusion in child abuse reg- were here in Washington D.C. as part of can to support groups such as the istries vary greatly, with some requir- a national effort to spearhead the reau- NCMEC and others and our law en- ing credible evidence and others requir- thorization of the Voting Rights Act. I forcement agencies in their efforts to ing no standard other than the judg- was proud to assure them of both my find missing children, return them to ment of the case worker. cosponsorship of the measure and my their families, and shield them from During the most recent reauthoriza- support for the reauthorization. sexual predators. The work these tion of the Child Abuse Prevention and While the various reauthorizations of groups do is vital to protecting fami- Treatment Act, we improved current the Voting Rights Act have forged the lies, and I applaud their dedication and child abuse systems to ensure that law pathway to the polls for all Americans, compassion. enforcement has the information it the ability to vote is but half of the Passage of this bill will further the needs to pursue and prosecute cases. process. Democracy works best when mission of comforting parents every- A new provision was added to require the people are vigilant in protecting of where and protecting our children. The States to ‘‘disclose confidential infor- their rights, and engage in the elec- National Sex Offender Registry will mation to any Federal, State, or local toral process. Our democracy is strong- contain up-to-date data on all sex of- government entity, or any agent of est when there is free and open access fenders nationwide, and there are harsh such entity, which has a need for such to the polls for everyone, and when the penalties for any offender who does not information in order to carry out its people embrace the vote as both a right register. responsibilities under law to protect and a responsibility. The bill imposes tougher penalties children from abuse and neglect.’’ Indeed, the decades that have fol- for sex offenses and violent crimes Rather than developing additional reg- lowed the initial passage of the Voting against children. It also allows for civil istries and reporting requirements, Rights Act have witnessed the progress commitment procedures for any sex of- States need Federal assistance to effec- of our Nation. To continue in our ef- fenders who demonstrate while incar- tively carry out their roles and respon- forts, we have only to look to past suc- cerated that they cannot be trusted to sibilities under CAPTA. I am concerned cesses for inspiration. To be ardent in be unleashed on society. that this new registry will have limited the defense of our democracy is to pre- The bill addresses child exploitation value in improving or standardizing serve it for the generations to come. over the Internet with stringent Inter- Mr. MCCONNELL. Mr. President, I State recordkeeping for child abuse net safety provisions. It also contains rise to speak in strong support of the and neglect cases. several worthy programs, grants, and Adam Walsh Child Protection and Despite these provisions, I commend studies to address child and commu- Safety Act of 2006. This bill will the work that has been done on this nity safety. strengthen our power to keep Amer- I would especially like to note that bill. Without further delay, it is impor- ica’s children safe from sexual preda- the bill strengthens the pornography tant that we get this bill to the Presi- tors and creates the National Sex Of- recordkeeping and labeling require- dent so that it can be signed on July fender Registry, which will keep track ments passed by Congress in 1988 to 27th, the 25th anniversary of the abduc- of all sex offender information nation- protect children from exploitation by tion of Adam Walsh, and to honor all of wide. It will also create the Dru Sjodin pornographers. These provisions were the work his parents have done in his National Sex Offender Public Web site, originally part of S. 2140, the Pro- memory to protect children in commu- so that every American will have the tecting Children from Sexual Exploi- nities across the country. ability to search for information on po- tation Act of 2005, sponsored by my Mr. BYRD. Mr. President, the foun- tential sexual predators in their own good friend from Utah, Senator HATCH. dation of democracy lies in a govern- community. I was pleased to join him as a cospon- ment that reflects the voice of its citi- I have had a personal interest in chil- sor of that bill and am doubly pleased zens. The Constitution, the beloved dren’s welfare and child-safety issues now to see these provisions included in document that chartered our system of for many years, predating my time in this bill, which I feel confident in say- government, makes this clear. ‘‘We the the Senate, in fact. Before being elect- ing will soon reach the President’s people’’, are the very first words of our ed to this Chamber, I served as judge- desk and receive his signature. Constitution: ‘‘We the people.’’ This is executive of Jefferson County, KY, Finally, the portion of this legisla- no mistake, for our Founders sought to from 1977 to 1984. Jefferson County con- tion that parents may find the most create a government that would reflect tains Louisville, my hometown, and comforting is the creation of the Dru the will of those who send us here. the judge-executive position was the Sjodin National Sex Offender Public Voting is the underpinning of our county’s chief executive. Web site. Parents will now have the democratic process. In an address to In 1981, we hosted in Louisville the power to search for sex offenders in Congress, President Lyndon B. Johnson first-ever national conference on res- their own community. The good that said that, ‘‘In a free land where men cuing missing and exploited children. can come from this power to arm par- move freely and act freely, the right to Ernie Allen, who was on my staff at the ents with the right information cannot vote freely must never be obstructed.’’ time and organized the conference, is be measured. With the act of casting one’s ballot, today the head of the National Center I ask my colleagues to join me in each citizen has ensured a place in the for Missing and Exploited Children. commending John Walsh for his com- democratic process, fulfilling the civic And that conference was keynoted by mitment to this important issue. His responsibility that each and every one John Walsh. At the time, Mr. Walsh drive to see that the tragedy that be- of us must safeguard and cherish. All was not yet the television fixture and fell his own family does not fall on an- citizens deserve this right, and all hero to millions of parents he is today other has not diminished in the 25 should utilize it. but a private citizen whose 6-year-old years I have known him. I am glad that Like so many worthwhile initiatives, son, Adam, had been tragically kid- we can honor John by naming this im- safeguarding the freedoms of democ- napped and murdered earlier that same portant legislation after his beloved racy can sometimes exact a heavy toll. year. son. Wars have been fought on our own soil That event began a decades-long Those who would prey on the weak- to ensure these freedoms, and our friendship between John and me, cen- est among us—our children deserve to country’s history has been blemished tered around this issue. Together, we feel the full weight of the law brought with the events of a less enlightened lobbied Congress—and I remind you, I down on them. It is hard to imagine a time. But even through strife and toil, was not yet a Senator at this time—for crime that does more to destroy fami- our democracy emerged intact, our Re- legislation that would create a nation- lies or dreams of a bright future. This public strengthened by the sacrifices wide organization to track missing legislation will ensure that kids, par- made by the citizens who fought for kids. In 1984, our efforts bore fruit, and ents, and law enforcement agencies equality and the right to vote. President Ronald Reagan signed the have the tools they need to fight child I met yesterday with Mr. James bill creating the National Center for predators and sexual criminals. For Tolbert, President of the West Virginia Missing and Exploited Children as a that reason, I am proud to support its NAACP, and other members of the public-private partnership. passage.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.047 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8025 Mr. KYL. Mr. President, I rise today fense is punished by imprisonment for adds sex trafficking of children to the to comment on the Adam Walsh Child 20 years up to life. set of repeat offenses that are subject Protection and Safety Act. This legis- Section 702 provides that if an indi- to mandatory life imprisonment. lation will create a national sex of- vidual who is required to register as a Another provision that I have pur- fender registry that will make it pos- sex offender under Federal or State law sued during this Congress and that is sible for law enforcement and con- commits specified Federal offenses in- included in this final bill is section 212, cerned citizens to track sexual preda- volving child pornography, sex traf- which extends several of the guaran- tors. The bill also includes tough pen- ficking, or sexual abuse against a tees of the 2004 Crime Victims’ Rights alties that will ensure that these indi- minor victim, the offender shall be im- Act to Federal habeas corpus review of viduals will actually register. There prisoned for 10 years in addition to any State criminal convictions. Because currently are over 100,000 sex offenders penalty imposed for the current of- such cases involve Federal courts but in this country who are required to fense. State prosecutors, this extension is register but are ‘‘off the system.’’ They Section 703 makes it a criminal of- limited to those provisions of CVRA are not registered. The penalties in fense to embed words or digital images that are enforced by a court—Congress this bill should be adequate to ensure into the source code of a Web site in cannot compel State prosecutors to en- that these individuals register. In addi- order to deceive people into viewing force a Federal statute. The victims’ tion to allowing up to 10 years in pris- obscenity on the Internet. Offenses tar- rights extended by section 212 to Fed- on for an offender who fails to register, geting adults are subject to up to 10 eral habeas proceedings are the right the bill also imposes a mandatory 5 years imprisonment; offenses targeted to be present at proceedings, the right years in prison for an offender who has at child victims are subject to up to 20 to be heard at proceedings involving re- neglected his obligation to register and years imprisonment. lease, plea, sentencing, or parole, the commits a crime of violence. Section 704 authorizes appropriations right to proceedings free from unrea- I would like to focus my remarks on for the U.S. Attorney General to hire sonable delay, and the right to be legislation that I have introduced that 200 additional Assistant United States treated with fairness and with respect has been incorporated in this final bill. Attorneys across the country to pros- for the victim’s dignity and privacy. I am particularly pleased to see that ecute child pornography, sex traf- The bill also makes some technical the bill maintains the ChildHelp Na- ficking, and sexual abuse offenses tar- improvements to the DNA Fingerprint tional Registry of Cases of Child Abuse geted at children. Act, which Senator CORNYN and I intro- and Neglect. Section 663 of the bill in- Section 705 authorizes appropriations duced last year and which was enacted structs the Department of Health and for the hiring of 30 additional computer into law as an amendment to the reau- Human Services to create a national forensic examiners within the Justice thorization of the Violence Against registry of persons who have been Department’s Regional Computer Fo- Women Act at the beginning of this found to have abused or neglected a rensic Laboratories, and 15 additional year. Section 155 of today’s bill modi- child. The information will be gathered computer forensic examiners within fies the authority granted to the Fed- from State databases of child abuse or the Department of Homeland Secu- eral Government by the DNA Finger- neglect. It will be made available to rity’s Cyber Crimes Center. The addi- print Act to collect DNA samples from State child-protective-services and tional computer forensic examiners Federal arrestees. Under current law, law-enforcement agencies ‘‘for pur- will be dedicated to investigating the Federal Government may collect a poses of carrying out their responsibil- crimes involving the sexual exploi- DNA sample from any person arrested ities under the law to protect children tation of children and related offenses. for a Federal offense, but the authority from abuse and neglect.’’ The national Section 706 authorizes the Office of to collect DNA from persons convicted database will allow States to track the Juvenile Justice and Delinquency Pre- of a Federal offense is limited to felo- past history of parents and guardians vention to create 10 additional Internet nies and certain misdemeanors. Sec- who are suspected of abusing their chil- Crimes Against Children, ICAC, Task tion 155 corrects this anomaly by in- dren. When child-abusing parents come Forces. cluding convictions in the Federal to the attention of authorities—when Finally, section 707 of the Internet sample-collection regulatory author- teachers begin to ask about bruises, for SAFETY title expands the civil rem- ity, thus allowing the Federal Govern- example—these parents often will edies for sexual offenses by allowing ment to collect DNA from all persons move to a different jurisdiction. A na- the parents of a minor victim to seek convicted of a Federal crime. The 2006 tional database would allow the State damages, and by allowing a minor vic- Act also allows DNA to be collected to which these parents move to know tim to seek damages as an adult. from all arrestees, but in the case of the parents’ history. It will let a child- Title II of today’s bill also includes a persons detained under Federal author- protective-services worker know, for number of penalty increases and other ity this authority is limited to non- example, whether he should prioritize improvements to Federal criminal sex U.S. persons—i.e., foreign visitors who investigation of a particular case be- offenses. Many of these provisions ap- are neither U.S. citizens nor permanent cause the parent has been found to peared in the Internet SAFETY Act, as residents. Problems might arise in the have committed substantiated cases of well as in the Jetseta Gage Act, which case of U.S. persons who are detained abuse in the past in other States. Such was introduced by Senator GRASSLEY and facing Federal criminal charges, a database also would allow a State in 2005 and of which I was an original but who were not arrested by Federal that is evaluating a prospective foster cosponsor. Section 211 suspends the authorities. Examples include persons parent or adoptive parent to learn statute of limitations for all Federal who are being prosecuted federally but about past incidents of child abuse that felony offenses of sexual abuse, sex were arrested by the State officers par- the person has committed in other trafficking, or child pornography. ticipating in a joint Federal-State task States. Other provisions of title II increase force, and persons who turn themselves I am also proud to see that the Inter- penalties for coercion and enticement in to Federal authorities without being net SAFETY Act, which I introduced by sex offenders, conduct relating to formally arrested. Arguably, the 2006 with several colleagues earlier this child prostitution, aggravated sexual act’s arrest authority should extend to year, has been incorporated as title VII abuse, sexual abuse, abusive sexual such individuals—they are construc- of this bill. This title includes the fol- contact, sexual abuse of children re- tively arrested. Section 155 eliminates lowing important provisions: sulting in death, and sex trafficking of any ambiguity and possibility of litiga- Section 701 makes it a criminal of- children. Title II also makes sexual tion over these matters by expressly fense to operate a child exploitation abuse offenses resulting in death eligi- granting the Federal Government the enterprise, which is defined as four or ble for the capital punishment, and ex- authority to collect DNA samples from more persons who act in concern to pands the predicate offenses justifying individuals facing Federal charges. commit at least three separate viola- mandatory repeat-offender penalties Finally, I would like to take a mo- tions of Federal child pornography, sex for offenses involving child pornog- ment to recognize all of the staff who trafficking, or sexual abuse laws raphy and depictions of the sexual ex- worked so hard to see this bill through against multiple child victims. This of- ploitation of children. Finally, title II to completion. Please allow me to

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.053 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8026 CONGRESSIONAL RECORD — SENATE July 20, 2006 thank Ken Valentine and Tom Jipping who attempt to or succeed in harming body’s court security proposals. Court of Senator HATCH’s staff, Dave Turk of them. We have never debated whether security legislation should pass this Senator BIDEN’s staff, Julie Katzman children should be protected. Of course year, but it would not have been right and Noah Bookbinder of Senator they should. The only debate is about to endanger either the court security LEAHY’s staff, Nicole Gustafson of Sen- how they should be protected, and how bills or this crucial child protection ator GRASSLEY’s staff, as well as Chad best to deploy and utilize limited re- legislation by tying them together. Groover, who has since left Senator sources to deter and punish those who Gang legislation is on a separate GRASSLEY’s office but who played a would prey on them. track entirely. It is just getting start- critical role in developing many of the Over the last 30 years, I have worked ed in the Senate. Passing legislation to penalty enhancements included in title closely with others to write and enact protect children from sexual predators II, Christine Leonard of Senator KEN- legislation aimed specifically at pro- has been my first priority. Seeking si- NEDY’s staff, Lara Flint of Senator tecting children and assisting victims. multaneously to resolve extensive dif- FEINGOLD’s staff, Nate Jones of Senator In the last Congress, Senator HATCH ferences over provisions in the gang KOHL’s staff, Sharon Beth Kristal of and I joined to introduce the PROTECT bill and other crime legislation could Senator DEWINE’s staff, Reed O’Connor Act, which provided prosecutors and have caused us to miss this chance. It of Senator CORNYN’s staff, Jane Treat law enforcement with tools necessary is commendable that, in the end, both of Senator COBURN’s staff, Greg Smith to combat child pornography and bodies chose to focus on passing sex of- of Senator FEINSTEIN’s staff, Marianne human trafficking. The final legisla- fender legislation and not to jeopardize Upton of Senator DURBIN’s staff, Brad- tion passed by Congress included a this by tying this bill to more con- ley Hayes of Senator SESSIONS’s staff, number of provisions that I had either troversial measures. Bradley Schreiber of Mr. FOLEY’s staff, authored or supported, such as the Na- The gang bill is just now before the and last but not least in this group, tional AMBER Alert Network Act; the Judiciary Committee, which is the ap- Brooke Bacak of my Republican Policy Protecting Our Children First Act, propriate place to start work on a com- Committee staff. which reauthorized funding for the Na- plex and important piece of criminal I would especially like to thank tional Center for Missing and Exploited justice legislation. It is a new and very Allen Hicks and Brandi White of Sen- Children; and legislation to amend the different version of this bill. It will be ator FRIST’s staff, who were very help- Violence Against Women Act to pro- important to hold a hearing on this bill ful in securing the inclusion of the vide transitional housing assistance to listen to the Federal, State, and Child-Abuse Registry in this bill, Matt grants for child victims of domestic vi- local law enforcement officers who are Miner of Senator SPECTER’s staff, who olence. combating gang violence on a regular played a critical role in negotiating In addition, I am pleased that the basis, and from the organizations that the final bill, and Mike Volkov, Sean Senate has acted on other legislation are working to keep kids out of gangs. McLaughlin, and Phil Kiko of Mr. SEN- for children and crime victims that I Gang violence is a disturbing and dif- SENBRENNER’s staff. The bill that we have sponsored. These include the 21st ficult menace in our communities, and have today would not exist were it not Century Department of Justice Appro- as we craft solutions to help address for the professionalism, expertise, and priations Authorization Act, which these issues we should strive to get it dedication of the SENSENBRENNER staff. among other things included important right. We have done the right thing by Often it is easy in Congress simply to grant funds for the Boys and Girls finalizing this important child protec- pass any bill dealing with a subject so Clubs of America, and established the tion legislation first, before turning to that we can say that we have addressed Violence Against Women Office in the that and other difficult tasks. the problem. This is not such a bill. Justice Department. In 2004, the Presi- When S. 1086 was first introduced in This is a strong, tough bill that will dent signed into law the Justice For May 2005, serious concerns were raised make a difference in the safety and se- All Act, a package of criminal justice by members of the Judiciary Com- curity of our Nation’s children. It is a reforms that, among other things, au- mittee, State attorneys general, the bill of which we can all be proud, and thorized funds to reduce rape kit back- Department of Justice, and others. Mr. SENSENBRENNER’s staff deserves logs and enumerated crime victims’ Through an impressive, bipartisan ef- recognition for their contribution to rights. fort these concerns were largely ad- that result. I am glad that this new consensus dressed. I appreciate that Senators, Mr. LEAHY. Mr. President, back in legislation to protect children honors and now House Members, of both par- May 2005, with the leadership of Sen- the efforts of John and Reve´ Walsh, ties took these concerns to heart and ator SPECTER, Senator BIDEN, Senator who have worked so hard to ensure revised this bill in ways that will in- KENNEDY, and others, the Senate Judi- that other families would not experi- crease the protection of children from ciary Committee approved an impor- ence the tragedy that befell their fam- the most dangerous sex offenders, tant child safety bill, S. 1086. The com- ily. It has been my privilege to work while not overwhelming the States mittee worked tirelessly to craft a pru- for many years with the Walshes and with requirements that could hinder dent, bipartisan bill that would assist with the National Center for Missing their own efforts. I believe that this States in their ongoing efforts to pro- and Exploited Children, in which they new bill takes a few unfortunate steps tect children through tighter moni- have played such an instrumental role, back from the well thought out Senate toring of known sex offenders. It was a to take many important steps to keep version, but it still achieves many of good bill, and it passed the full Senate children and families safe. I commend the crucial goals we identified. The re- in May of this year by unanimous con- and thank John Walsh once again for sulting bill ensures that each State sent. his passionate advocacy on behalf of will have an effective sex offender reg- Now, extensive bipartisan discussions the Nation’s children over many, many istry and that all States will share reg- with the House have produced a revised years. istry information—all of which will version of the bill, which the Senate is I am also glad that members of both help keep our children safer. voting on today. The new bill is better parties in both bodies ultimately I am glad that this bill addresses my in a few ways than the Senate-passed agreed with me and with the distin- concerns and that of many others of bill that we produced and also, regret- guished Senate Republican and Demo- both parties in the Senate in giving tably, takes some steps backward. cratic leaders that we should prioritize significant discretion to the States in While this new bill is not the bill I finishing and passing legislation to the handling of juvenile offenders. Ju- would have written, I intend to support protect children from sexual predators, venile justice has always been a prov- it and expect that it will pass. without tying this crucial legislation ince of the States, and State legisla- As a former prosecutor, and as a fa- to other more difficult issues. The Sen- tures, prosecutors, and judges have de- ther and grandfather, I know that ate has passed court security legisla- veloped significant expertise in distin- there is no higher duty than to protect tion, for which I was a principal co- guishing which juvenile offenders rep- our society’s children, to take every sponsor, as part of S. 2766, and we have resent a continuing threat to society step possible to prevent them from been working to settle differences be- and which juveniles, with appropriate coming to harm, and to punish those tween our legislation and the other treatment and monitoring, can turn

VerDate Aug 31 2005 04:09 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.055 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8027 themselves around and become contrib- the Motion Picture Association of bill, as would a host of other legitimate uting members of society. America, the American Hotel and entities throughout the distribution This bill correctly allows the States, Lodging Association, the American Li- chain for mainstream motion pictures in many cases, to use their expertise— brary Association, and the American and television shows. and they know more about these issues Conservative Union, that its record- The focus of the underlying statute than we do here in Washington—to de- keeping and labeling requirements, and should remain on helping apprehend cide which juveniles should be on sex associated criminal liability, might child predators and not on legitimate offender registries, to what extent, and now affect an array of mainstream, le- businesses that have no role in harm- for how long. It also appropriately re- gitimate, and first-amendment-pro- ing children. Under section 2257A(h), quires the States to include the most tected activities and industries. These motion picture companies that certify egregious juvenile offenders, who do industries are leaders in protecting to the Department of Justice that they represent a threat to others, on their children employed in their industries collect the name, date of birth, and ad- sex offender registries. I think the bill and are far removed from the problem dress of all the performers employed by goes too far in a few cases in limiting that the legislation purportedly sought them, for purposes of compliance with States’ discretion to determine which to address. Subjecting them to the bur- existing laws, such as filling out an I– juveniles should be placed on registries dens of a recordkeeping and labeling 9 form or W–4s for tax purposes, or pur- and to allow those juvenile offenders statute intended for the pornography suant to labor agreements or their nor- who have lived cleanly and turned industry would create substantial bur- mal business practices, will not be sub- their lives around to get off of reg- dens of compliance without any added ject to the more burdensome require- istries. But overall, this bill strikes an benefit in the wholly legitimate and ments of this statute. Establishing this acceptable balance on this issue, and I vital cause of actually safeguarding the regime will have the additional benefit am glad that those of us who were con- security and welfare of children. of allowing the Department of Justice cerned about appropriate deference to Because the focus of these require- to focus their limited resources in the expertise of the States spoke out ments is adult pornography and the areas where they should be focused— and were heard to some extent. protection of children, not mainstream pursuing those who harm children. This bill takes a good if small first visual depictions and activities that do This provision has been in effect for 18 step toward what should be one of our not threaten children, the new bill in- years and yet has not been used. It is most important priorities in keeping cludes provisions intended to limit the my hope that the Department of Jus- our children safe from sex offenders: reach of these requirements to those tice, having obtained the amendments treatment. While the most dangerous who are actually exploiting children. they sought, will begin to enforce the sex offenders may be predisposed to re- Most notably, section 2257A(h) enables law and focus on those who harm chil- offend and should be treated accord- law-abiding, legitimate businesses, dren, and not on those legitimate busi- ingly, many studies have shown that which create and commercially dis- nesses that do not. people who commit less serious sex of- tribute materials that are not, and do Other exemptions in the bill exclude from the recordkeeping requirements fenses often, with appropriate treat- not appear to be, child pornography, to and annual certification regime pro- ment, do not present a significant risk certify to the Attorney General that, viders of Internet access, telecommuni- of recidivism and can become respon- pursuant to existing laws, labor agree- cations, and online search tools, as sible members of society. One of the ments, or industry standards, they reg- ularly and in the normal course of well as online hosting, storage, and best ways to protect our children is to transmission services, so long as the business collect the name, date of help as many low-risk offenders as pos- provider does not select or alter the birth, and address of performers em- sible turn their lives around, so that content. It is ironic that the broadest ployed by them. This recognizes that our scant law enforcement resources exemptions are granted to the pro- such legitimate, law-abiding industries can be focused on those dangerous of- viders of various types of Internet and fenders who are a demonstrable threat in fact routinely collect the informa- telecommunications services, even to our children. In addition to the Bu- tion necessary to demonstrate their though the advent of the Internet is reau of Prisons Program included in S. compliance with the child protection cited in the original version of this bill 1086, the current bill includes a new laws and that for this reason they were as greatly increasing the ease of trans- program directed specifically to the never intended to be the focus of this porting, distributing, receiving, and ad- treatment of juvenile sex offenders, more extensive recordkeeping and la- vertising child pornography in inter- who have been proven to be especially beling statute. Businesses that so cer- state commerce. Notwithstanding responsive to treatment. This is a wel- tify and thus exhibit their good faith these exemptions, nothing in this bill come addition to the bill, and one we can avoid some of the more onerous re- can or should be construed to impair should build on in the future. quirements, and associated criminal li- the enforcement of any other Federal I want to direct the attention of my ability, rightfully placed on others criminal statute or to limit or expand colleagues to title V of the bill, which whose compliance is more likely to fur- any law pertaining to intellectual makes substantial amendments to sec- ther the interest of protecting chil- property against these entities. tion 2257 of title 18. By way of back- dren. Regrettably, the core, bipartisan bill ground, Congress passed the original By way of illustration, the motion to strengthen State sex offender reg- version of section 2257 in 1988, as a picture industry currently operates istration programs was joined in both means to help ensure that minors were under a panoply of laws, both civil and the House and the Senate to unrelated not being exploited by the adult, hard- criminal, as well as regulations and provisions aimed at creating additional core pornography industry in violation labor agreements governing the em- mandatory minimum sentences. I agree of the child exploitation laws. In 1989, ployment of children in any produc- with the U.S. Judicial Conference and the District Court for the District of tion. They check work permits, require the vast majority of Federal judges and Columbia found that this original parents or guardians to be present at practitioners that harsh, inflexible version violated the first amendment. all times during production, and in mandatory sentencing laws are a recipe In 1990, Congress responded to the Dis- some cases even obtain court approval for injustice. In its letter dated March trict Court decision by significantly for the employment of the children in 7, 2006, regarding the House bill, the narrowing the scope of section 2257. films and television shows. It is fair to Judicial Conference, headed by Chief The House bill proposed an expansion say that the film and television indus- Justice John Roberts, wrote that man- of section 2257 beyond what was held tries are a leader among industries in datory minimum sentences undermine unconstitutional before the 1990 safeguarding the interests of children the sentencing guideline regime Con- amendments, and beyond the pornog- in the workplace. Yet in the absence of gress established under the Sentencing raphy industry and those who exploit the certification provision in section Reform Act of 1984 by preventing the children. The proposed expansion of 2257A(h), these studios would be sub- systemic development of guidelines section 2257 gave rise to legitimate jected to the same extensive record- that reduce unwarranted disparity and concerns, expressed by groups as far- keeping and labeling requirements as a provide proportionality and fairness in ranging as the Chamber of Commerce, hard-core pornographer is under this punishment.

VerDate Aug 31 2005 04:09 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.057 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8028 CONGRESSIONAL RECORD — SENATE July 20, 2006 Mandatory sentences also tie pros- crimes sufficient to deny an applica- reflected in 42 U.S.C. ecutors’ hands in these cases where it tion, I urge the Secretary to give 5106(b)(2)(A)(xv)(2). Both of these are is most important that they have the thoughtful consideration to each case provisions of the Child Abuse Preven- discretion to plea bargain, especially in which a waiver is sought. In a case tion and Treatment Act. considering how difficult it can be to of a citizen who is on the path to reha- Significantly, the legislation does prepare children emotionally and psy- bilitation or whose crime was rel- not provide any new financial or tech- chologically to testify against their atively minor, denial of a family mem- nical assistance to States to improve abusers. ber’s support would serve no rational or standardize their child protective When addressing this issue in com- purpose and would undermine the goals services substantiated case record- mittee last year, Senators from both of family unity. I hope the Secretary keeping systems, or to support States sides of the aisle agreed to limit the will actively use this waiver authority in the added burden of preparing for, imposition of new mandatory min- to limit the broad reach of this provi- and transferring data to, a new na- imum sentences to the most serious sion to those cases where a citizen or tional registry. Not all States main- and violent crimes against children, legal resident genuinely poses a threat tain the same registry information. rather than to myriad lesser crimes as to a family member seeking entry. Some States do not record registry en- was originally proposed. The new bill This legislation requires the Sec- tries by name of perpetrator but rather backslides from this agreement to an retary of Health and Human Services by name of child; some States no unfortunate extent. If we are going to to create a national registry of sub- longer maintain registries at all. Most establish mandatory minimum sen- stantiated cases of child abuse and ne- tribes, which are included in the legis- tences, we should at least proceed in a glect which would, when fully imple- lation, maintain no registries at all. thoughtful and coherent way, with mented over time, serve the purpose of Without this important additional some understanding of the range of of- enabling child protective service agen- technical and financial assistance to fense conduct that may be covered and cies to identify an adult’s past child the States, the quality of the informa- the sorts of sentences that are being maltreatment history in other States, tion collected would likely be uneven imposed under current law. Instead, we without having to check every indi- and at times unreliable. This is a seri- simply pluck ever-higher numbers out vidual State child protective service ous deficiency in the legislative man- of thin air. Congress greatly increased central registry. Improving the ability date for the creation of a national reg- the penalties for most sex offenses just of child protective service agencies to istry of child abuse and neglect cases, 3 years ago, in the PROTECT Act. collect information on prior cases of one that I hope will be corrected Nothing has changed since then to war- child maltreatment by a named adult through a targeted appropriation that rant this new round of arbitrary sen- is a worthy objective. However, to rush focuses on helping State child protec- tence inflation. into the creation of such a national tive service agencies upgrade their cen- Another controversial measure in- registry, without deliberate consider- tral registries or comparable systems cluded in the House-passed bill was a ation and evaluation first of the wide of case-specific data. proposal to strip Federal courts of ju- variation in how State child abuse and I am pleased that the bill includes risdiction to review constitutional er- neglect data on substantiated cases my proposal to authorize grants to Big rors in sentencing that a State court identifies the perpetrator of the abuse Brothers and Big Sisters of America has deemed harmless. The Senate Judi- or neglect and the specifics of their and the National Crime Prevention ciary Committee reviewed this juris- maltreatment—what the bill calls the Council. Big Brothers and Big Sisters diction-stripping provision last year, nature of the substantiated case— provides valuable mentoring services during its consideration of the so- would be reckless. to young people across the country, called Streamlined Procedures Act, S. For that reason, the legislation also and supporting their mission is a valu- 1088. That bill—and this provision in mandates the HHS Secretary to con- able investment that will reap measur- particular—was strongly opposed by a duct a study on the feasibility of estab- able rewards. The National Crime Pre- broad coalition of organizations, in- lishing data collection standards for a vention Council helps communities cluding the United States Judicial Con- national child abuse and neglect reg- across the country understand and ad- ference. Following hearings, the com- istry. Clearly, such a study should be dress the causes of crime. Grants to mittee specifically rejected this provi- completed before the Federal Govern- this organization help communities be- sion by adopting a substitute amend- ment begins to implement the creation come active in crime prevention at the ment that stripped it out in its en- of such a registry and to collect reg- grassroots level, and encouraging their tirety; the substitute then died in com- istry information from the States. We continued efforts is something we mittee without further action. To in- need to know what we are working should all strongly support. clude such an extraneous and deeply with before we create a system which flawed provision in the current bill might give the public a false sense of I am also pleased that the sponsors of would have been wrong, and it is a security or violate the due process this bill agreed to incorporate S. 2155, credit to this bill that it has been re- rights of children and families alike. popularly known as Masha’s Law. This moved. Caution is advised in moving forward legislation, named after a Russian or- Another area of concern is a provi- on this matter in order to develop an phan who was sexually exploited by her sion that was also included in the Sen- information system which is both fair adoptive father, will increase the civil ate’s comprehensive immigration bill. and reliable. statutory damages available to victims The provision prohibits the approval of The legislation also requires the HHS of child exploitation. It will also en- a visa application for the relative of a Secretary to establish standards for sure that victims of child pornography U.S. citizen or legal resident based on how, and to whom, this national reg- whose images remain in circulation the citizen or resident’s conviction for istry information will be disseminated. after they have turned 18 can still re- any of the sex offenses enumerated in In view of the sensitivity of this reg- cover when those images are the bill. This provision casts a wide istry, which is to include information downloaded. net, and in many cases will harshly and historically maintained only at the I am also pleased that the bill in- unnecessarily penalize people seeking state or local child protective service cludes authorization of $12 million for entry to the United States who have a agency level, I urge the Secretary, in grants to the Rape, Abuse & Incest Na- family member in the country, but consideration of these standards and tional Network, known as RAINN, for where the citizen or resident poses no before collecting any national registry operation of its National Sexual As- threat to the individual seeking entry. data, to be cognizant of past congres- sault Hotline and for the other impor- The bill gives the Secretary of DHS sional concerns related to the protec- tant work RAINN does to assist vic- discretion to assess these applications tion of legal rights of families, as re- tims of sexual assault and to help pre- on a case-by-case basis and waive the flected in 42 U.S.C. 5106(b)(2)(A)(xix), vent and prosecute sexual assault. I denial, and I hope this will turn out to and for a fair appellate process for indi- want to congratulate RAINN for re- be more than just an empty gesture. viduals who disagree with a substan- cently logging the one-millionth call Given that this bill greatly expands the tiated finding of abuse or neglect, as to its 24–hour telephone hotline.

VerDate Aug 31 2005 04:09 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.058 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8029 RAINN, in helping a million crime vic- be relatively ineffective, which re- public restroom attack in Manayunk, tims, has not only made their lives bet- quires the Federal Government to act PA, in 2001. Had the provisions of the ter, but has also contributed greatly to on the national level. law been in place 2 years ago, the sec- the decrease in sexual violence in this I first met John Walsh after the dis- ond crime might not have happened be- country. I am honored that RAINN’s appearance of his son, Adam, some 25 cause the community would have been founder and president, Scott years ago, when I was chairman of the on notice of McCutchen’s first attack Berkowitz, thanked me in connection Subcommittee on Juvenile Justice, a on a little girl. with this important milestone for hav- subcommittee of the Senate Judiciary I know from my work as district at- ing supported the establishment of the Committee. At that time, in conjunc- torney of Philadelphia the impact of National Sexual Assault Hotline. tion with Senator Paula Hawkins of sex crimes on children. To be a victim Finally, I want to thank the Florida, we took the lead in estab- of a crime is a horrible experience for Vermont Attorney General’s Office and lishing the Missing Children’s Act of anyone, but to be a child and the vic- other concerned Vermont officials for 1982, which has been very successful in tim of a sex crime leaves an indelible prompt and constructive comments on locating children, where, in a variety imprint—hard to shake, hard to forget, multiple drafts of this legislation. of ways—on billboards, on milk car- traumatic, and of gigantic importance Vermonters have worked hard to tons, on posters—missing children were in the balance of that child’s life. produce and improve our State’s sex of- identified and publicized. Many miss- We are taking a very important step fender registry program in ongoing ef- ing children were recovered. forward. I thank and commend John forts to make it useful to law enforce- In the intervening 25 years, John Walsh for his leadership and again ment agencies and the general public Walsh has undertaken a national cru- thank and commend Senator HATCH for in providing information regarding in- sade. He has been instrumental in ad- his leadership in the Senate on this im- dividuals who have proved a demon- vocating and persuading both the portant issue. I thank Chairman SEN- strable threat to the public. In light of House and the Senate to move ahead SENBRENNER, the chairman of the the mobility inherent in American so- with this legislation. He has had very House Judiciary Committee, for his co- ciety, cooperation and coordination strong support from the leadership of operation and coordination, and also to the staffs. among the various States improves the Senator HATCH, the former chairman of I will single out especially Michael effectiveness of each State’s registry, the Judiciary Committee. Senator O’Neill, who is chief counsel and staff and the Federal assistance this bill HATCH has promoted this legislation, has initiated meetings, organized a director for the Senate Judiciary Com- provides will enhance that cooperation mittee. meeting with John Walsh in the last and coordination. The PRESIDING OFFICER. The Sen- several days in the Office of the major- Mr. SPECTER. Mr. President, I will ator from Utah. seek recognition in a moment, but for ity leader where we organized plans to Mr. HATCH. Mr. President, as far as the time being, I suggest the absence of get this bill enacted so that it will be I know, other than the few remarks I a quorum. ready for signing by the President on will make right now, I think Senator The PRESIDING OFFICER. The July 27th, which is the anniversary of FRIST is the only speaker remaining on clerk will call the roll. the abduction of Adam Walsh. our sex offender bill. The assistant legislative clerk pro- It has been a prodigious job to get I would feel bad if I did not mention ceeded to call the roll. this bill cleared on both sides, not hav- a number of the staff people who have Mr. SPECTER. Mr. President, I ask ing anything added on to it, and many helped us on this bill. My own staffer, unanimous consent the order for the efforts were made so that it would be Ken Valentine, who is a Secret Service quorum call be rescinded. enacted in time to mark the anniver- agent, has been serving as a detailee in The PRESIDING OFFICER. Without sary of the abduction of Adam Walsh. my office and has really carried the objection, it is so ordered. For that timetable, Senator HATCH de- mail on this like few members of the Mr. SPECTER. Mr. President, I sup- serves a great deal of credit. Senate staff I have ever known. port the pending legislation to pass the As is well known, Senator HATCH Tom Jipping, on my staff; Dave Adam Walsh Child Protection and chaired the Senate Judiciary Com- Turk, on Senator BIDEN’s staff, had a Safety Act of 2006. This legislation is mittee for many years. His leadership great deal to do with this, as well. named for Adam Walsh, a child who is still a very key factor, especially on Bradley Schreiber, with Mr. FOLEY’s was abducted and murdered. Adam’s fa- this legislation. staff; Mike O’Neill, of Senator SPEC- ther, John Walsh, has diligently pur- I compliment my colleague, Senator TER’s staff; Mike Miners, Senator SPEC- sued efforts to save other children from RICK SANTORUM, as well as Senator TER’s chief counsel, crime counsel; the fate which befell Adam by working KYL, Senator DEWINE, Senator TALENT, Todd Braunstein, with Senator SPEC- to enact Federal legislation which will and others, for their support in pro- TER; Matt McPhillips, with Senator establish a national registry for sex of- ducing this bill, which will protect SPECTER; Julie Katzman, with Senator fenders. children with the assistance of some LEAHY; Bruce Cohen, Senator LEAHY’s The National Center for Missing and 200 new Federal prosecutors, 45 new chief of staff on the Judiciary Com- Exploited Children estimates that computer forensic experts to prevent mittee; Noah Bookbinder, with Senator there are at least 100,000 sex offenders child pornography, 20 new Internet LEAHY; Christine Leonard, with Sen- who are not accounted for by law en- Crimes Against Children Task Forces, ator KENNEDY. Senator KENNEDY has forcement. John Walsh estimates the and the Department of Justice’s played a significant role here. He was figure to be higher, approximating Project Safe Childhood Program and willing to withdraw the hate crimes 150,000. new SMART Office, which are both bill so that this bill would pass readily Statistics show that sex offenders dedicated to protecting children from through both bodies. I am very grateful prey most often on juveniles; that two- sex offenders. to him. thirds of the sex offenders currently in A special note of commendation is Reed O’Connor of Senator CORNYN’s State prisons are there because they due to Senator SANTORUM for his work staff; Nicole Gustafson of Senator have victimized a child. Compared with on two important components of the GRASSLEY’s staff; Sharon Beth Kristal, other criminals, sex offenders are four bill: First, on Project Safe Childhood Senator DEWINE’s staff; Gabriel Adler, times more likely to be rearrested for a and second, on the Safe Schools Act. of Senator DORGAN’s staff; Joe Matal, sex crime. It is estimated that some These provisions and others will help from Senator KYL’s staff; Avery Mann, 500,000 children are sexually abused stop sex offenders such as Brian from America’s Most Wanted, who each year. According to Department of McCutchen, who was sentenced last played a significant role here; Bradley Justice statistics, child molesters have year to 35 to 70 years in a Pennsylvania Hayes, from Senator SESSIONS’ staff; been known to re-offend as late as 20 prison for attempting to murder and Lara Flint, from Senator FEINGOLD’s years after their release from prisons. rape an 8-year-old Philadelphia girl in staff; Cindy Hayden, from Senator SES- There are currently State laws which a public restroom. He was a repeat of- SIONS’ staff; Allen Hicks, of course, require registration of sex offenders, fender. He had been convicted of as- from Senator FRIST’s staff; and Brandi but unfortunately they have proved to saulting a 9-year-old girl in a similar White, from Senator FRIST’s staff.

VerDate Aug 31 2005 04:09 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.059 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8030 CONGRESSIONAL RECORD — SENATE July 20, 2006 Of course, I would like to mention Donna Coleman, past president of the lies. I am proud to have worked with Michelle Laxalt, who took a great per- Children’s Advocacy Alliance based in John and the National Center for Miss- sonal interest in this bill and from the Henderson, NV, was instrumental in ing and Exploited Children on this leg- outside helped us a great deal. We want getting our State laws changed. She is islation. I am confident that the legis- to thank the National Center for Miss- another example of how one person can lation will save the lives of thousands ing and Exploited Children, especially make a difference, and I applaud her of children. Ernie Allen, John Libonati, Robbie work. I thank John Walsh, Ernie Allen, Callaway, and Carolyn Atwell-Davis, Not all States have been as vigilant president of the National Center, and who has carried so many balls for us as Nevada, and that is a problem when Carolyn Atwell-Davis, along with the here, and Manus Cooney, who used to sex offenders cross State lines. The bill rest of the dedicated staff at the Na- be chief of staff under me on the Judi- before us will establish uniform rules tional Center, for the truly amazing ciary Committee. for the information sex offenders are work they do, on a daily basis, to pro- And then I would like to pay respect required to report and when they are tect our Nation’s children. to just some of the victims who really required to report it. It will also give In March, John came by my office to helped with this bill: Elizabeth and Ed law enforcement agencies the tools talk about the importance of a na- and Lois Smart; Linda Walker, the they need to enforce these require- tional sex offender registry. He told me mother of Dru Sjodin; Mark Lunsford; ments. that this was the most important piece of legislation he had seen in over two Erin Runnion; Marc Klass; Polly A number of Senators have been lead- decades of advocating for children’s Franks, Patty Wetterling; and last but ers in this legislative effort. In addi- issues. tion to Chairman SPECTER and Rank- not least—really, really, we can never I promised John then that I would EAHY, I appreciate the thank them enough, John and Reve ing Member L make passing this critical piece of leg- Walsh. hard work of Senators BIDEN, DORGAN, islation a priority. And I am proud to So with that, Mr. President, I yield HATCH, KENNEDY, and others. I thank tell John—to tell our Nation’s chil- the floor. the majority leader for making this dren, parents, and law enforcement— Mr. REID. Mr. President, the Senate bill a priority. I hope the House will that the U.S. Senate has not only is about to take an important step to follow suit and send this bill to the heard your concerns, but we are acting improve the safety of our Nation’s chil- President for his signature without tonight to address them. dren. Very shortly, we will pass the delay. The Adam Walsh bill—so named to Adam Walsh Child Protection and The PRESIDING OFFICER (Mr. honor the upcoming 25th anniversary Safety Act, also known as the Sex Of- ALLEN). The majority leader is recog- of his death and the memory of other fender Registration and Notification nized. child victims and their families—has Act. I am proud to be a cosponsor of Mr. FRIST. Mr. President, 25 years many components designed to protect this significant legislation. ago this month, Reve Walsh took her 6- our Nation’s children. The Senate passed an earlier version year-old son Adam shopping with her. First, the bill establishes a national of this bill by unanimous consent on They were looking for lamps at a local sex offender registry. Currently, there May 4, nearly 2 months ago. Since department store—a short mile from are more than 550,000 registered sex of- then, Senators SPECTER and LEAHY their home—when Adam was abducted. fenders in the United States, and at have conducted bipartisan negotiations Sixteen days later, Adam’s body was least 100,000 of them are missing. with the House, which had passed a dif- positively identified. To date, no one Loopholes in the current system ferent version. has been indicted for this horrific allow some sexual predators to evade Today, I am pleased to say that nego- crime. law enforcement, placing our children tiations have resulted in a strong bill As parents, John and Reve Walsh’s at risk. While many States, including that will soon pass both Chambers and worst nightmare had become a reality. my own home State of Tennessee, have become law. I appreciate the willing- As a father of three sons, I cannot registries, this information is not al- ness of all Members to put aside unre- imagine what pain this caused the ways shared with other States. By cre- lated controversial issues so that we Walsh family. ating a national registry, we are clos- could focus on the core purpose of this Through their tears and grief, John ing the loopholes that allow offenders bill—protecting children. and Reve Walsh transformed the trag- to slip through the cracks. And we are Next Thursday, the 27th of July, is edy of Adam’s death into a lifelong encouraging law enforcement at all the 25th anniversary of the abduction commitment—a commitment to pro- levels—local, State, and Federal—to and murder of 6-year-old Adam Walsh. tect children from abduction, abuse, collaborate and to share information. Since then, the work of Adam’s father, and exploitation. The registry will make it easier for John Walsh, demonstrates that a single John and Reve have been on the fore- law enforcement to act on a tip, to person can make a difference in our front of most major child protection identify and intercept offenders before country and our world. legislation passed by this Congress they can strike again, before they can Following the tragic event involving over the last 25 years: the Missing Chil- repeat their crimes and victimize more their son, John and Reve Walsh found- dren’s Act of 1982; the Missing Chil- children. The national registry will be publicly ed the National Center for Missing and dren’s Assistance Act of 1984, which accessible via the Internet and search- Exploited Children. John Walsh’s TV founded the fantastic National Center able by ZIP Code. This empowers par- program, ‘‘America’s Most Wanted,’’ for Missing and Exploited Children; the ents. It gives them the tools they need Protect Act of 2003, which established a has led to the apprehension of thou- to learn whether a neighbor down the sands of criminals. And now John nationwide Amber Alert network to co- street has a history of sexual violence Walsh has been the driving force be- ordinate rapid emergency responses to so they can protect their children from hind this bill. missing child alerts—and, most re- harm. The legislation establishes a national cently, the Adam Walsh Child Protec- Further, the bill increases the pen- sex offender registry which will make tion and Safety Act of 2006, which is alty for failure to register from a mis- it easier for local law enforcement to before us today. demeanor to a felony. It enhances reg- track sex offenders and prevent repeat This important legislation estab- istration requirements, by mandating offenses. The bill also authorizes much lishes a national sex offender registry, that offenders register more often and needed grants to help local law en- publicly available and searchable by in person, rather than by mail. forcement agencies establish and inte- ZIP Code; creates a national abuse reg- By strengthening these require- grate sex offender registry systems. istry; toughens penalties for crimes ments, we are sending a message loudly My home State of Nevada has been a against children; and cracks down on and clearly to sex offenders: If you leader in this movement. Our State re- the growing crisis of Internet predators don’t register, we will find you, and cently made changes to improve the and child pornography. you will go to jail. accuracy and reliability of the Nevada John’s and Reve’s tireless dedication The bill also toughens penalties for registry requirements. This Federal is an inspiration to parents of child violent crimes against children, includ- bill will strengthen those efforts. victims and millions of American fami- ing sex trafficking of children, coercion

VerDate Aug 31 2005 05:52 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.118 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8031 or enticement of child prostitution, this body and, indeed, House with Sen- Protection Act. A bill the Senate will and sexual abuse. ate. debate shortly. I believe, as a father of Another aspect of this bill is the cre- In the Senate, I especially want to three children, including one daughter, ation of a child abuse registry. I want recognize my colleague, Senator it is a very important piece of legisla- to thank Senators KYL and ENZI for HATCH, for his tireless efforts on this tion. their hard work in helping to get this bill—the champion, the leader, the one Good people can disagree on issues provision included in the bill. with the bold vision, without whom even of profound moral consequence. This legislation was recommended by simply this would not have happened. Most Americans, even those who con- Childhelp, a children’s advocacy orga- I want to thank Chairman SPECTER sider themselves pro-choice, believe nization with whom my wife Karyn and and Senators SANTORUM, KYL, and there should be at least some restric- many of our Senate spouses are proud DEWINE, for all their hard work on tions on abortion. to be associated. bringing this legislation to fruition. I believe this is one of those situa- Every day, four children die as a re- Also, I want to thank Speaker tions where we should be able to come sult of child abuse, and every day HASTERT and Majority Leader BOEHNER together and find some common Childhelp is on the frontlines working and Chairman SENSENBRENNER and ground. The Child Custody Protection to prevent child abuse and treat vic- Congressman FOLEY for their commit- Act simply states that if an adult will- tims of such abuse. They explained to ment to this issue. fully takes a minor child across State me that while many States have child I urge my colleagues to join me in lines to get an abortion, for the pur- abuse registries, this information is voting for this Adam Walsh bill, and pose of avoiding a State’s parental con- not shared with other States. look forward to a future that is safer sent or notification law that would be This is especially problematic with for our children. a Federal crime for that adult. child abusers. They often relocate Mr. President, I do not believe there Judicial bypass is an integral part of when questions are raised by a teacher, are any further speakers on the bill; all effective parental consent laws. So a neighbor, or a doctor about whether a therefore, I yield back all time and ask for those concerned about the cases of child is being abused. unanimous consent that the Senate parental rape or incest and what a By creating a national child abuse now proceed to third reading and a child does in that case?—there is a ju- registry, we will tear down the infor- vote on H.R. 4472, with all of the provi- dicial review, a judicial bypass avail- mation barrier and enable Child Pro- sions of the agreement remaining in able. The Child Custody Protection Act tective Services professionals in dif- place. I ask unanimous consent, after would only apply in those States pa- ferent States to share information crit- passage, that the title amendment be rental consent or notification laws in ical to child abuse investigations. read and agreed to. place. The final component of this bill ad- The PRESIDING OFFICER. Without This is an important piece of legisla- dresses the sexual exploitation of chil- objection, it is so ordered. tion, especially for parents as many of dren over the Internet—and the grow- The question is on the engrossment these cases involve a 20-something- ing crisis of child pornography, an esti- of the amendment and third reading of year-old male who has impregnated a mated $20 billion a year industry. the bill young teenager, often a 13, 14, 15-year- The Internet has become the anony- The amendment was ordered to be old girl, which has ended in a secret mous gateway for child predators to engrossed and the bill to be read a abortion. make contact with children, to win third time. Now because your little girl had be- their confidence, and to victimize The bill was read the third time. come pregnant and this 20-something- them. The PRESIDING OFFICER. The bill year-old realized that is a crime of Current data show that of the 24 mil- having been read the third time, the statutory rape, they want to dispose of lion child Internet users, 1 in 5 has re- question is, Shall the bill pass? the evidence. So they decide to talk ceived unwanted sexual solicitations The bill (H.R. 4472), as amended, was your little girl into going across State online—1 in 5. And as a recent ‘‘Date- passed. lines for an abortion because your line NBC’’ series called ‘‘To Catch A Mr. HATCH. I move to reconsider the State law requires parental notifica- Predator’’ vividly demonstrated, many vote. tion or parental consent for such a pro- of these cyber-stalkers are more than Mr. FRIST. I move to lay that mo- cedure. They go to the State next door, eager to trap their young online vic- tion on the table. take care of the abortion, and you, the tims in a real-world nightmare. The motion to lay on the table was parent, know nothing about it. How The bill provides additional resources agreed to. would you feel as a parent in a situa- to combat this growing problem by The PRESIDING OFFICER. The tion such as that? adding 200 new Federal prosecutors to clerk will please read the amendment Even further, abortion is a surgical prosecute crimes involving the sexual to the title. procedure. Our kids are not even al- exploitation of minors; by creating 10 The assistant legislative clerk read lowed to get an aspirin in school with- new Internet Crimes Against Children as follows: out parental consent. They are not al- Task Forces, which bring local, State, Amend the title to read as follows: ‘‘To lowed to take a field trip without pa- and Federal law enforcement together protect children from sexual exploitation rental consent. They are not allowed to and violent crime, to prevent child abuse and to collaborate in solving these crimes; child pornography, to promote Internet safe- take sex education classes without pa- by adding 45 new forensics examiners ty, and to honor the memory of Adam Walsh rental consent. Yet, remarkably, it is to accelerate processing of online evi- and other child crime victims. not against the law evade parental con- dence of child exploitation; and by pro- The PRESIDING OFFICER. Without sent or notice requirements to take a viding grants for programs to educate objection, the amendment to the title child across State lines to get a sur- children and parents on Internet safe- is agreed to. gical procedure, a surgical abortion. ty. The amendment (No. 4687) was agreed It is time for legislation such as the We must continue to do more to pro- to. Child Custody Protection Act. I realize tect our children. American families The PRESIDING OFFICER. The Sen- that emotions run high on both sides of should not have to live in fear of child ator from Nevada. the abortion issue. They run deeply predators lurking in the shadows of our Mr. ENSIGN. Mr. President, I ask and have divided our country for some neighborhoods or enticing our children unanimous consent to speak as in time. We need to look for a place of online. morning business for 5 minutes. common ground. A place where reason- I want to thank my colleagues on The PRESIDING OFFICER. Without able people should be able to come to- both sides of the aisle for their efforts, objection, it is so ordered. gether and agree to at least have this for giving life to this critical piece of f one restriction on abortion, agree that legislation. This is clearly a bipartisan, parents should be involved in the deci- bicameral bill that has overwhelming CHILD CUSTODY PROTECTION ACT sions, especially the medical decisions, support. I am pleased we were able to Mr. ENSIGN. Mr. President, I rise to involving their children. The Child unite, Democrats and Republicans, in speak today about the Child Custody Custody Protection Act does just that.

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