[Congressional Record Volume 163, Number 88 (Monday, May 22, 2017)]
[House]
[Pages H4396-H4399]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ADAM WALSH REAUTHORIZATION ACT OF 2017
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1188) to reauthorize certain programs established by the
Adam Walsh Child Protection and Safety Act of 2006, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1188
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adam Walsh Reauthorization
Act of 2017''.
SEC. 2. SEX OFFENDER MANAGEMENT ASSISTANCE (SOMA) PROGRAM
REAUTHORIZATION.
Section 126(d) of the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16926(d)) is amended to read as
follows:
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to the Attorney General
$20,000,000 for each of the fiscal years 2018 through 2022,
to be available only for the SOMA program.''.
SEC. 3. REAUTHORIZATION OF FEDERAL ASSISTANCE WITH RESPECT TO
VIOLATIONS OF REGISTRATION REQUIREMENTS.
Section 142(b) of the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16941(b)) is amended to read as
follows:
``(b) For each of fiscal years 2018 through 2022, of
amounts made available to the United States Marshals Service,
not less than $60,000,000 shall be available to carry out
this section.''.
SEC. 4. DURATION OF SEX OFFENDER REGISTRATION REQUIREMENTS
FOR CERTAIN JUVENILES.
Subparagraph (B) of section 115(b)(2) of the Adam Walsh
Child Protection and Safety Act of 2006 (42 U.S.C.
16915(b)(2)) is amended by striking ``25 years'' and
inserting ``15 years''.
SEC. 5. PUBLIC ACCESS TO JUVENILE SEX OFFENDER INFORMATION.
Section 118(c) of the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16918(c)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(3);
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) any information about a sex offender for whom the
offense giving rise to the duty to register was an offense
for which the offender was adjudicated delinquent; and''.
SEC. 6. PROTECTION OF LOCAL GOVERNMENTS FROM STATE
NONCOMPLIANCE PENALTY UNDER SORNA.
Section 125 of the Adam Walsh Child Protection and Safety
Act of 2006 (42 U.S.C. 16925(a)) is amended--
(1) by striking ``jurisdiction'' each place it appears and
inserting ``State'';
(2) in subsection (a)--
(A) by striking ``subpart 1 of part E'' and inserting
``section 505(c)''; and
(B) by striking ``(42 U.S.C. 3750 et seq.)'' and inserting
``(42 U.S.C. 3755(c))''; and
(3) by adding at the end the following:
``(e) Calculation of Allocation to Units of Local
Government.--Notwithstanding the formula under section 505(c)
of the Omnibus Crime Control and Safe Streets Act 1968 (42
U.S.C. 3755(c)), a State which is subject to a reduction in
funding under subsection (a) shall--
``(1) calculate the amount to be made available to units of
local government by the State pursuant to the formula under
section 505(c) using the amount that would otherwise be
allocated to that State for that fiscal year under section
505(c) of that Act, and make such amount available to such
units of local government; and
``(2) retain for the purposes described in section 501 any
amount remaining after the allocation required by paragraph
(1).''.
SEC. 7. ADDITIONAL INFORMATION TO BE INCLUDED IN ANNUAL
REPORT ON ENFORCEMENT OF REGISTRATION
REQUIREMENTS.
Section 635 of the Adam Walsh Child Protection and Safety
Act of 2006 (42 U.S.C. 16991) is amended--
(1) by striking ``Not later than July 1 of each year'' and
inserting ``On January 1 of each year,'';
(2) in paragraph (3), by inserting before the semicolon at
the end the following: ``, and an
[[Page H4397]]
analysis of any common reasons for noncompliance with such
Act'';
(3) in paragraph (4), by striking ``and'' at the end;
(4) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(5) by adding after paragraph (5) the following:
``(6) the number of sex offenders registered in the
National Sex Offender Registry;
``(7) the number of sex offenders registered in the
National Sex Offender Registry who--
``(A) are adults;
``(B) are juveniles; and
``(C) are adults, but who are required to register as a
result of conduct committed as a juvenile; and
``(8) to the extent such information is obtainable, of the
number of sex offenders registered in the National Sex
Offender Registry who are juveniles--
``(A) the percentage of such offenders who were adjudicated
delinquent; and
``(B) the percentage of such offenders who were prosecuted
as adults.''.
SEC. 8. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS
PERSONS.
(a) Probation Officers.--Section 3603 of title 18, United
States Code, is amended in paragraph (8)(A) by striking ``or
4246'' and inserting ``, 4246, or 4248''.
(b) Pretrial Services Officers.--Section 3154 of title 18,
United States Code, is amended in paragraph (12)(A) by
striking ``or 4246'' and inserting ``, 4246, or 4248''.
SEC. 9. CIVIL REMEDY FOR SURVIVORS OF CHILD SEXUAL
EXPLOITATION AND HUMAN TRAFFICKING.
Section 2255(b) of title 18, United States Code, is
amended--
(1) by striking ``three years'' and inserting ``10 years'';
and
(2) by inserting ``ends'' before the period at the end.
SEC. 10. TRIBAL ACCESS PROGRAM.
The Attorney General is authorized to provide technical
assistance, including equipment, to tribal governments for
the purpose of enabling such governments to access, enter
information into, and obtain information from, Federal
criminal information databases, as authorized under section
534(d) of title 28, United States Code. The Department of
Justice Working Capital Fund (established under section 527
of title 28, United States Code) may be reimbursed by
federally recognized tribes for technical assistance provided
pursuant to this section.
SEC. 11. ALTERNATIVE MECHANISMS FOR IN-PERSON VERIFICATION.
Section 116 of the Adam Walsh Child Protection and Safety
Act of 2006 (42 U.S.C. 16916) is amended--
(1) by striking ``A sex offender shall'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), a
sex offender shall''; and
(2) by adding at the end the following:
``(b) Alternative Verification Method.--A jurisdiction may
allow a sex offender to comply with the requirements under
subsection (a) by an alternative verification method approved
by the Attorney General, except that each offender shall
appear in person not less than one time per year. The
Attorney General shall approve an alternative verification
method described in this subsection prior to its
implementation by a jurisdiction in order to ensure that such
method provides for verification that is sufficient to ensure
the public safety.''.
SEC. 12. CLARIFICATION OF AGGRAVATED SEXUAL ABUSE.
Section 111(8) of the Adam Walsh Child Protection and
Safety Act of 2006 (42 U.S.C. 16911(8)) is amended by
inserting ``subsection (a) or (b) of'' before ``section 2241
of title 18, United States Code''.
SEC. 13. COMPREHENSIVE EXAMINATION OF SEX OFFENDER ISSUES.
Section 634(c) of the Adam Walsh Child Protection and
Safety Act of 2006 is amended by adding at the end the
following:
``(3) Additional report.--Not later than one year after the
date of enactment of the Adam Walsh Reauthorization Act of
2017, the National Institute of Justice shall submit to
Congress a report on the public safety impact, recidivism,
and collateral consequences of long-term registration of
juvenile sex offenders, based on the information collected
for the study under subsection (a) and any other information
the National Institute of Justice determines necessary for
such report.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentlewoman from Texas (Ms. Jackson
Lee) each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous materials on H.R. 1188, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
In preventing child victimization, Congress, working in tandem with
law enforcement, has long recognized the importance of monitoring sex
offenders.
In 1994, Congress passed the Jacob Wetterling Crimes Against Children
and Sexually Violent Offender Registration Act. This legislation
mandated that States track violent sex offenders and establish
guidelines for tracking those offenders.
Over the years, Congress continued its vigilance in monitoring sex
offenders, which ultimately culminated in a comprehensive piece of
legislation titled the Adam Walsh Child Protection and Safety Act of
2006. Among other things, the Adam Walsh Act established a national sex
offender registry, provided for post-conviction civil commitment of
certain sex offenders, eliminated the statute of limitations for
certain sex offenses against children, and created an office at the
Justice Department specifically designed to monitor sex offenders.
Today I am proud to be here on the floor to champion the
reauthorization of this landmark legislation.
H.R. 1188, the Adam Walsh Reauthorization Act of 2017, authorizes
funds for the Department of Justice's Sex Offender Management
Assistance program and for the great work the United States Marshals do
in locating and apprehending fugitive sex offenders who do not comply
with the law's requirements.
H.R. 1188 also contains numerous measures to encourage more States
and Tribal jurisdictions to comply with the requirements of the Federal
system, in part by making changes to the law to address concerns some
States have expressed.
For instance, the bill lowers the duration of sex offender
registration requirements for certain juveniles and allows States to
register juveniles adjudicated delinquent on a nonpublic system. It
also clarifies that only juveniles who commit violent sexual assaults
should be placed on a State registry.
The bill also permits alternative methods for in-person verification
so that rural jurisdictions can verify location of offenders remotely,
in most instances only requiring in-person verification once per year.
H.R. 1188 requires parole officers and pretrial services officers to
stay informed of the conduct and provide supervision of sexually
dangerous persons. Moreover, the bill strengthens civil remedies for
survivors of exploitation and trafficking by allowing individuals who
were victims of exploitation or trafficking as juveniles to have 10
years after becoming an adult to file suit for a civil remedy.
Mr. Speaker, we must not forget why we are here. In 1981, Adam Walsh,
a 7-year-old boy, was abducted and brutally murdered in Hollywood,
Florida. His death was devastating. And for many families, that kind of
inconsolable pain would be incapacitating. As a father and grandfather,
I cannot even imagine it.
We are thankful for the work of the Walsh family, who have dedicated
their lives to child advocacy and whose work is responsible for saving
the lives of countless children. I am also grateful to our colleague,
Mr. Sensenbrenner, the author of the original Adam Walsh Act, for
introducing this reauthorization bill and for his own tireless advocacy
on behalf of our Nation's children.
Mr. Speaker, scripture reminds us that ``children are a heritage from
the Lord.'' I urge my colleagues to support this strong, bipartisan
legislation.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 1188, the Adam Walsh
Reauthorization Act of 2017.
For those of us who have met John Walsh and know of his family, it is
both unspeakable and unimaginable the feeling that families have faced
when a beautiful young child has gone missing and ultimately brutalized
and killed. That is what happened to John, his wife, and his family's
beautiful child in 1981.
So out of that came a lifelong commitment to ending this kind of
violence against children, but, more importantly, finding the Nation's
worst criminals who would brutalize families and fail to be
apprehended.
[[Page H4398]]
The Adam Walsh Act, in particular, established the Sex Offender
Registration and Notification Act--often referred to as SORNA--as a
national system for the registration of sex offenders.
This bill is an important bill, and I want to thank the gentleman
from Wisconsin (Mr. Sensenbrenner) again for his energized and
effective effort reauthorizing this legislation and his commitment to
fighting for the needs of protecting children. We join him in that. I
am reminded of the great work of the National Center for Missing &
Exploited Children and how they have continued their work for years. As
they came into fruition, it seemed that children were missing every
day. Violence was perpetrated, but laws were brought about to make a
difference.
So I support this bill and I raise some reflective thoughts. I am
glad that this bill reflects changes to SORNA that were agreed to by
the Judiciary Committee when it last reauthorized the Adam Walsh Act in
2012 to improve the requirements for States to register sex offenders,
for that was a very difficult system, and some States were complying
and others were not.
Whatever one's belief may be about the wisdom of sex offender
registries, prior to SORNA, many States had already developed sex
offender registries on their own and devoted substantial resources to
identify the most effective methods to manage sex offenders.
In the legislation, there was a certain way that SORNA wanted to
handle that, therefore, States were made to disregard those efforts in
favor of a one-size-fits-all. One of the principal concerns with SORNA
is that it deprives States of flexibility in dealing with juvenile sex
offender registration. I am glad that there is at least a recognition
that States have put in good programs, so I am delighted that that
flexibility can be addressed.
I also think that it is important to note that the bill has to
address longstanding implementation issues. As we noted in 2012,
although the legislation made some useful reforms, it failed to address
fundamental concerns with SORNA, and we are still working to achieve
that accomplishment.
Commendably, H.R. 1188, however, would allow States discretion in
determining whether juvenile sex offender information would be
accessible to the public via the internet. Of course, it continues to
be a steadfast legal prohibition and structure to diminishing--or
hopefully diminishing--the sex violence against children.
It will reduce the time that certain, but not all, juvenile sex
offenders adjudicated as a delinquent are required to register from 25
to 15 years.
The bill has many merits, and I think the changes that have been made
are extremely positive, one, in dealing with flexibility, and, two,
with recognizing some flexibility as it relates to juvenile offenders.
This is legislation that many have poured their heart into because
they believe that there should be a day when this kind of violence
ends, and I hope my colleagues will support this legislation.
Mr. Speaker, I rise today to discuss H.R. 1188, the ``Adam Walsh
Reauthorization Act of 2017.'' While it is an improvement over current
law dealing with a very important subject, it should do more.
This bill is a step forward in our effort to address concerns about
the Sex Offender Registration and Notification Act, commonly known as
SORNA.
There is no doubt that child sexual exploitation is a plague on our
country.
The mistreatment of children should not be tolerated in any form.
Congress has a duty to carefully craft solutions to this problem
without creating confusion or new problems.
The creation of a uniform, nationwide standard for sex offender
registries in the Adam Walsh Act of 2006 was motivated by laudable
goals--prevention and protection.
Congress soon found, however, that state implementation of SORNA
would not occur quickly or easily.
Many states were unable to comply, and some would not comply because
of disagreements about who should be subject to mandatory registration.
Problems with SORNA were still evident in 2012 when we last
considered, but did not complete, reauthorization of the Adam Walsh
Act.
Now, ten years after enactment, problems with SORNA remain.
According to the Department of Justice, Office of Justice Programs
(OJP), only 17 states, 3 territories, and 103 Indian tribes, have
substantially implemented SORNA.
States continue to incur penalties imposed on Byrne Justice
Assistance Grants funding for noncompliance, monies that fund essential
state and local programs.
Juvenile registration is still the most significant barrier to state
implementation of SORNA.
Research has shown that treatment of juvenile sex offenders can and
does work through therapy that involves community-based intervention,
adapted to the needs of juveniles, working within multiple systems--
individual, family, and school--to address the various causes of
childhood delinquency.
Researchers have also found that adolescents who completed sexual
offender treatment had significantly lower recidivism rates than
untreated adolescents, whereas registration serves only to marginalize
and label youth, causing more harm than good.
In order to implement the approaches to the treatment of juvenile
offenders that have proven successful, states must have flexibility in
the manner in which they handle juvenile sex offenders--flexibility
that is all but denied to states by SORNA.
Although I believe juveniles should be completely removed from
registration requirements, I am glad that this bill includes a
provision that allows states to exempt juveniles adjudicated delinquent
for sex offenses from the public website and reduces the time some
juveniles will be potentially required to register from 25 to 15 years.
Under this bill, the Attorney General's annual report to Congress on
sex offender registration will now include an analysis of common
reasons for state noncompliance, including more detailed information on
offenders, particularly juveniles, including a breakdown of the number
of registered offenders who are juveniles and adults who are required
to register because of statutory rape convictions or other conduct
committed as juveniles.
Hopefully, this information will inform future efforts to amend
SORNA.
While this bill includes provisions that address some of the concerns
raised when the Adam Walsh Act was considered by this Committee in
2012, it is clear that work remains to be done if the Act is to ever
achieve its purpose.
I thank Mr. Sensenbrenner for his dedication to this issue.
I support this bill--as far as it goes--and hope my colleagues will
support efforts to improve it.
Mr. Speaker, I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield such time as he may consume to
the gentleman from Wisconsin (Mr. Sensenbrenner), the former chairman
of the Judiciary Committee and the chief sponsor of this legislation.
Mr. SENSENBRENNER. Mr. Speaker, as the chief sponsor of this
legislation, as well as the chief sponsor of the original Adam Walsh
Child Protection and Safety Act of 2006, I rise in support of this
legislation and hope that it is swiftly enacted.
The Adam Walsh Child Protection and Safety Act, enacted in 2006, is
landmark legislation intended to keep our communities, and, most
importantly, our children safe from sex offenders and other dangerous
predators.
This bipartisan bill strengthened the sex offender registry
requirements and enforcement, extended Federal registry requirements to
Indian Tribes, and authorized funding for Federal programs intended to
address and deter child exploitation.
{time} 1615
The centerpiece of the Adam Walsh Act is the national Sex Offender
Registration and Notification Act, or SORNA for short. SORNA's goal is
to create a seamless national sex offender registry to assist law
enforcement efforts to detect and track offenders. SORNA provides
minimum standards for State sex offender registries and created the Dru
Sjodin National Sex Offender Public Website, which allows law
enforcement officials and the general public to search for sex
offenders nationwide from just one website.
H.R. 1188, the Adam Walsh Reauthorization Act of 2017, reauthorizes
two key programs from the original Adam Walsh Act: grants to the States
and other jurisdictions to implement the Adam Walsh Act's sex offender
registry requirements and funding for the U.S. marshals to locate and
apprehend sex offenders who violate registration requirements. These
programs are crucial to efforts to complete and enforce the national
network of sex offender registries, particularly in light of the
already passed deadline for States to come into compliance with SORNA.
[[Page H4399]]
Based on feedback from the States, H.R. 1188 makes targeted changes
to the SORNA sex offender registry requirements. The bill changes the
period of time after which juveniles adjudicated delinquent can
petition to be removed from the sex offender registry for a clean
record from 25 to 15 years, and provides that juveniles do not need to
be included on publicly viewed sex offender registries. Instead, it is
sufficient for juveniles to be included on registries that are only
viewed by law enforcement entities. I believe these provisions strike
an appropriate balance between being tough on juveniles who commit
serious sex crimes and understanding that there can be differences
between adult and juvenile offenders.
The bill also recognizes the unique challenges that tribes face in
implementing SORNA. H.R. 1188 provides technical assistance to tribes
so they can access, and enter information into, the Federal criminal
information databases.
Finally, H.R. 1188 amends the statute of limitations to allow
individuals who were victims of exploitation or trafficking as
juveniles to have 10 years after becoming an adult to file suit for a
civil remedy. It is my hope that, with these commonsense changes, more
States will come into compliance.
With the passage of this legislation, Congress can send a strong
message to all Americans about our continued commitment to keeping our
Nation's children safe. I urge my colleagues to support this bill.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume to close.
First of all, we will be doing a series of bills that are extremely
important, and I will make note of my interest in protecting children,
but as well to broaden our work as we work in the Committee on the
Judiciary on matters dealing with criminal justice reform and
specifically dealing with the issue of solitary confinement,
alternative sentencing for young people, and Ban the Box. I also hope
that we will work on issues dealing with criminal justice reform
sentencing reduction that are crucial and prison reform. There is a lot
of work for us to do as we do the work on the floor today. People are
waiting, and in some instances languishing, in the Nation's juvenile
detention centers and various juvenile justice courts for a statement
to be made by the Federal Government on seeking a second chance for
those who are in the juvenile justice system.
As relates to the Adam Walsh legislation, I thank the gentleman from
Wisconsin (Mr. Sensenbrenner) and the other cosponsors of H.R. 1188 for
their steadfast work on these issues. Nevertheless, as I indicated,
let's do more with respect to dealing with the registration of juvenile
offenders in terms of attempting to ensure that they will have an
opportunity for rehabilitation.
While I hope we may still work to make additional improvements to
this legislation, I urge my colleagues to support this legislation, and
I urge my colleagues to again consider the importance of our duty to
protect children from sexual predators in as efficient and broad-based
manner as we possibly can.
I want to thank the continued service of John Walsh and offer again,
as we all do, our deepest expression of remorse for the loss that he
and so many families tragically have experienced at the hands of
horrific sexual predators and those who would attack our children.
Mr. Speaker, I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I urge my colleagues to support this
important bipartisan legislation. I thank the gentleman from Michigan
(Mr. Conyers), the gentlewoman from Texas (Ms. Jackson Lee), the
gentleman from South Carolina (Mr. Gowdy), and the chief sponsor, the
gentleman from Wisconsin (Mr. Sensenbrenner), for working with me and
my staff on this legislation. I urge my colleagues to support it.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the bill, H.R. 1188, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________