[Congressional Record (Bound Edition), Volume 163 (2017), Part 6]
[House]
[Pages 8176-8179]
[From the U.S. 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 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.''.

[[Page 8177]]



     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.
  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

[[Page 8178]]

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.
  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,

[[Page 8179]]

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.

                          ____________________