[Congressional Record (Bound Edition), Volume 153 (2007), Part 14]
[House]
[Pages 20077-20079]
[From the U.S. Government Publishing Office, www.gpo.gov]




        MODIFYING DEADLINE RELATING TO ELECTION BY INDIAN TRIBES

  Ms. JACKSON-LEE of Texas. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 3095) to amend the Adam Walsh Child Protection 
and Safety Act of 2006 to modify a deadline relating to a certain 
election by Indian tribes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3095

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled.

     SECTION 1. ELECTION BY INDIAN TRIBES.

       Section 127(a)(2)(B) of the Adam Walsh Child Protection and 
     Safety Act of 2006 (42 U.S.C. 16927(a)(2)(B)) is amended by 
     striking ``within 1 year of the enactment of this Act'' and 
     inserting ``by July 27, 2008,''.

  The SPEAKER pro tempore (Mr. Cohen). Pursuant to the rule, the 
gentlewoman from Texas (Ms. Jackson-Lee) and the gentleman from Indiana 
(Mr. Pence) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Texas.


                             General Leave

  Ms. JACKSON-LEE of Texas. Mr. Speaker, I ask unanimous consent that 
all Members have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Texas?
  There was no objection.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I 
may consume.
  First, let me thank Mr. Kildee for moving this legislation and thank 
him for his leadership. Two years ago, the Adam Walsh Child Protection 
and Safety Act was enacted. The act was a major advance in our Nation's 
efforts to protect our children from sexual and other violent crimes, 
to prevent child pornography, and to make the Internet safer for our 
sons and daughters.
  Among its provisions, the act includes a mandate that each tribe 
either affirmatively opt-in to the new sex offender requirements 
enacted as part of that act, or cede its authority for enforcement to 
the State in which the tribe is located. The act requires all tribes 
register their intentions by July 27, 2007.
  While initially this deadline appeared to be reasonable, the tribes' 
ability to comply with it has been made virtually impossible in light 
of the fact that the Justice Department has taken much longer than 
expected to issue the necessary guidelines that will help implement the 
new requirements under the Adam Walsh Act.
  In fact, we are advised that these guidelines will not be finalized 
until after the registration deadline. Under these circumstances, it 
only stands to

[[Page 20078]]

reason that the tribes should be given additional time to make the 
necessary certification.
  H.R. 3095, offered by Mr. Kildee, addresses this problem by simply 
extending the registration deadline for one year until July 27, 2008. 
Without this brief extension, the sovereign authority of countless 
tribal lands will be substantially undermined.
  I commend my colleagues, from Michigan Mr. Kildee and Mr. Renzi of 
Arizona, for their leadership on this measure. H.R. 3095 goes a long 
way toward protecting the sovereign authority that historically has 
bestowed upon tribal lands.
  Accordingly, I strongly urge my colleagues to support this 
bipartisan, commonsense proposal.
  Two years ago, the Adam Walsh Child Protection and Safety Act was 
enacted. The act was a major advance in our Nation's efforts to protect 
our children from sexual and other violent crimes, to prevent child 
pornography, and to make the Internet safer for our sons and daughters.
  Among its provisions, the act includes a mandate that each tribe 
either affirmatively opt-in to the new sex offender requirements 
enacted as part of that act, or cede its authority for enforcement to 
the State in which the tribe is located. The act requires all tribes to 
register their intentions by July 27, 2007.
  While initially this deadline appeared to be reasonable, the tribes' 
ability to comply with it has been made virtually impossible in light 
of the fact that the Justice Department has taken much longer than 
expected to issue the necessary guidelines that will help implement the 
new requirements under the Adam Walsh Act.
  In fact, we are advised that these guidelines will not be finalized 
until after the registration deadline. Under these circumstances, it 
only stands to reason that the tribes should be given additional time 
to make the necessary certification.
  H.R. 3095 addresses this problem by simply extending the registration 
deadline for 1 year until July 27, 2008. Without this brief extension, 
the sovereign authority of countless tribal lands will be substantially 
undermined.
  I commend my colleagues from Michigan (Mr. Kildee) and Arizona (Mr. 
Renzi) for their leadership on this measure. H.R. 3095 goes a long way 
toward protecting the sovereign authority that historically has been 
bestowed upon tribal lands.
  Accordingly, I strongly urge my colleagues to support this 
bipartisan, commonsense proposal.
  H.R. 3095 offers a commonsense solution that respects the 
historically recognized sovereignty of our Nation's tribes while not 
compromising the critical objectives of the Adam Walsh Child Protection 
and Safety Act with respect to protecting our Nation's children from 
sexual and other violent crimes.
  This bipartisan measure warrants our support.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PENCE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 3095 which, simply put, will 
provide Indian tribes a 1-year extension in which to decide how to 
comply with the requirements of the Adam Walsh Protection and Safety 
Act of 2006. It's extremely important to note to colleagues looking in 
on this debate, H.R. 3095 does nothing to weaken the requirements of 
the Adam Walsh Act on Indian tribes. The children who live on Indian 
reservations deserve just as much protection as children in other 
communities.
  The reality is that this important legislation simply creates an 
opportunity for Indian tribes to obtain 1-year extension to decide how 
to live under those requirements.
  The Adam Walsh enacted new requirements for States and Indian tribes 
to maintain sex offender registration information, post such 
information on the Internet and share such information among States and 
other Indian tribes.
  It allows Indian tribes one year to decide whether the Indian tribe 
itself will implement the sex offender registration and notification, 
or whether the tribe will rely on the registration and notification 
programs operated in an adjacent State to comply with the act's 
requirements.
  H.R. 3095 simply extends the deadline for one year for Indian tribes 
to elect how they want to comply. The Justice Department recently 
proposed detailed regulations for States and Indian tribes to comply 
with the Adam Walsh Act, but those regulations are not yet final. The 
Indian tribes cannot make an informed decision on how to comply with 
the act until those regulations are final. And this year 1-year 
extension will give Indian tribes sufficient time to make that choice.
  Again, let me say, H.R. 3095 does nothing to weaken the requirements 
of the Adam Walsh Act on Indian tribes. I urge my colleagues to support 
the bill as an important, somewhat technical amendment to this 
legislation.
  Mr. Speaker, I yield back the balance of my time.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, it gives me great pleasure to 
yield to the author of this legislation, along with his cosponsor, Mr. 
Renzi, distinguished member of the House Education Committee, 
subcommittee chairman and a great leader on Native American issues in 
this Congress and in America, Mr. Kildee of Michigan for 3 minutes.
  Mr. KILDEE. Mr. Speaker, I thank the gentlewoman for yielding.
  Mr. Speaker, as the co-chairman and founder of the Congressional 
Native American Caucus, I rise in support of H.R. 3095, a bill amending 
the Adam Walsh Child Protection Act of 2006.
  Indian tribes are faced with a deadline established in the act that 
requires tribal governments to affirmatively elect to comply with the 
mandates of the act by July 27, 2007, or cede their authority for 
enforcement to the States.
  My bill authorizes a 1-year extension of the deadline by which tribes 
are required to opt into the national sex offender registration and 
notification system.
  Mr. Speaker, tribes strongly support the Adam Walsh Act, and they 
share the Federal Government's commitment to protecting their 
communities from sexual predators. However, tribes are asking us to 
extend the deadline so that they can make an informed decision on how 
to implement the mandates of the Adam Walsh Act.
  The Department of Justice is still in its comment period on the 
proposed guidelines, which does not close until August 1. It is simply 
too early to force tribal governments to make a decision based on 
incomplete information and without guidance from the administration.
  Mr. Speaker, I have received numerous requests from tribes across the 
Nation urging our support for a 1-year extension. I have letters from 
the National Congress of American Indians and the National Criminal 
Justice Administration supporting the request, also.
  I'm pleased that this bill has received bipartisan support. I want to 
thank my colleagues from across the aisle for supporting this 
legislation.
  I want to thank my chairman, Judiciary chairman, John Conyers; and 
Ranking Member Lamar Smith especially for their support as well.
  I urge my colleagues to support final passage of this bill.

                              {time}  1515

  Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I 
might consume.
  This is a very wise and important judgment that has been made by this 
legislation. H.R. 3095 offers a commonsense solution that respects the 
historically recognized sovereignty of our Nation's tribes, while not 
compromising the critical objectives of the Adam Walsh Child Protection 
and Safety Act with respect to protecting our Nation children's from 
sexual and other violent crimes.
  I ask my colleagues to support this bipartisan measure. It is 
deserving of our support. I would ask that this measure be supported.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Texas (Ms. Jackson-Lee) that the House suspend the 
rules and pass the bill, H.R. 3095.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

[[Page 20079]]



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