Member of Congress

Mike Johnson

Role
Current Representative
State
LA
Party
Republican
Leadership
Speaker of the House

Speeches

HONORING THE LIFE AND SERVICE OF DR. JAMES DURELL TUBERVILLE2017-09-26

Mr. JOHNSON of Louisiana

Mr. JOHNSON of Louisiana. Mr. Speaker, I rise today to recognize a hero from my home State, Major General Joanne Sheridan, for her steadfast service to the safety and security of the people of the State of Louisiana in the Louisiana National Guard. Five years ago, Major General Sheridan became the first female general in the Louisiana National Guard's history, and today I would like to commend her for raising the bar once again and becoming the first female two-star general in the history of our Louisiana National Guard. Originally from Maine, Major General Sheridan moved to Leesville, Louisiana, when the Army stationed her father, Command Sergeant Major Joe S. Fernald, at Fort Polk. There, she attended Leesville High School, and she went on to earn her bachelor of arts degree in sociology at Northeast Louisiana University in Monroe, Louisiana, where she received her commission through her Reserve Officers' Training Corps in May 1983. Later, she received a master's degree in strategic studies from the prestigious U.S. Army War College. A true soldier for her community and in our country, Major General Sheridan began her impressive military career as an Active-Duty servicemember in the U.S. Army in February 1984 at Fort Polk Army Base. Throughout her 33-year career, in both her Active-Duty and National Guard service, her leadership has earned her the respect of her peers and included many major accomplishments. She became the first female to command a battalion leading the 415th Military Intelligence Battalion, commander of the 199th Regiment Regional Training Institute, and the first female to helm a major command when she led the 61st Troop Command. Currently, she serves as the assist general for the Louisiana National Guard and is responsible, as the principal military adviser to the adjunct general, in assisting in the deployment and coordination of programs, policies, and plans for the Louisiana Army and Air National Guard. The National Guard is unique in defending Louisiana both at home and abroad. Major General Sheridan served as a citizen soldier through Hurricane Katrina. She was deployed to Baghdad in support of Operation Iraqi Freedom in 2008, and led rescue and recovery efforts in the historic Louisiana flooding of 2016. She previously served as president of the National Guard Association of Louisiana, and she now serves as the secretary of the National Guard Association of the entire United States. Her dedication to the National Guard extends way beyond what is required of anyone. Twice--and this is even more inspiring--Major General Sheridan has battled breast cancer, and with her last round of treatment in August, she has again prevailed in that battle. Her incredible strength and courage serve as a beacon of hope for countless many others. Mr. Speaker, it is my privilege to honor Major General Sheridan's many accomplishments and to recognize her honorable service to the State of Louisiana and to our great Nation. She has set a tremendous example, and I hope her accomplishments inspire others to aspire to her level of excellence. My wife, Kelly, and I thank Major General Sheridan for all she does to defend our community and country, and we wish her continued success. Mr. Speaker, I yield back the balance of my time.

Mr. JOHNSON of Louisiana. Mr. Speaker, it is with profound sadness that I rise today to recognize the life and dedicated service of one of the Lord's most humble and outstanding servants, Dr. James Durell Tuberville. He made it his life's work to help others during difficult times, and he was a beacon of light and a towering figure in the life of countless many people, including my own family. His lasting influence on our community cannot be expressed enough, and I am humbled to rise and pay tribute to his life today, his faithful stewardship, and his unwavering commitment to the people of our region in northwest Louisiana. James Durell Tuberville was born on October 25, 1958, in Shreveport, Louisiana, and on Sunday, August 13, 2017, he left this world to be with our Lord. After graduating from Southwood High School in Shreveport, Dr. Tuberville continued his education at Grawood Christian School and Southwestern Assemblies of God College. He majored in pastoral ministry at Southwestern University, and received a master of arts in counseling from Louisiana Tech University. He did all things for the glory of God, Mr. Speaker, and he brought care and compassion to multitudes. Dr. Tuberville served his early ministry as a youth pastor in Luna and then in Natchitoches, Louisiana. He later served as pastor of the Bethel Assembly of God in Shreveport for more than 11 years, before becoming counselor on the pastoral staff at Shreveport Community Church and president of Personal Solutions, Inc. He selflessly aided those suffering through some of the largest disasters of our lifetime, including the horrific earthquake in Haiti, the Oklahoma City bombing, and the great tragedy on September 11, 2001. Known and loved by all, Dr. Tuberville also served selflessly as chaplain for the Caddo Parish Sheriff's Office, Caddo Fire District 3, and as national chaplain of the firefighters Brother's Keepers Motorcycle Club. It is difficult to imagine our community without the leadership and the larger-than-life presence, always encouraging, of Dr. Tuberville. His legacy and example are an enduring lesson for all of us, and we are comforted to know he has been received by the Lord with that ultimate affirmation: ``Well done, good and faithful servant.'' Mr. Speaker, on behalf of the United States Congress, it is a privilege to honor Dr. James Durell Tuberville today and to celebrate a life exceptionally well lived. My wife, Kelly, and I extend our continued prayers and sincerest condolences to his wife and soulmate, Susan, and their two sons, Joshua Durell and Dustin Bruce, to the entire Tuberville family, and to all those whose lives were changed by this true giant of a man. Recognizing the Service and Achievement of Major General Joanne Sheridan

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ADJOURNMENT2017-09-26

Mr. JOHNSON of Louisiana

Mr. JOHNSON of Louisiana. Mr. Speaker, I move that the House do now adjourn.

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RECOGNIZING THE DEDICATED SERVICE AND OUTSTANDING ACHIEVEMENT OF MAJOR GENERAL JOANNE SHERIDAN2017-09-14

Mr. JOHNSON of Louisiana

Mr. JOHNSON of Louisiana. Mr. Speaker, I rise to recognize a member from my home state, Major General Joanne Sheridan, for her steadfast service to the safety and security of the people of Louisiana in the Louisiana National Guard. Five years ago, Major General Sheridan became the first female general in the Louisiana National Guard, and today, I would like to commend her for raising the bar again and becoming the first female Two-Star General in the Louisiana National Guard. Originally from Maine, Major General Sheridan moved to Leesville, La., when the Army stationed her father, Command Sergeant Major Joe S. Fernald, at Fort Polk. There, she attended Leesville High School and went on to earn her Bachelor of Arts Degree in sociology at Northeast Louisiana University in Monroe, La., where she received her commission through Reserve Officer Training Corps in May 1983. Later, she received a master's degree in strategic studies from the prestigious U.S. Army War College. A true solider to her community and country, Major General Sheridan began her impressive military career as an active duty service member in the U.S. Army in February 1984, at Fort Polk Army Base. Throughout her 33-year career, in both her active duty and National Guard service, her leadership has earned her the respect of her peers and included many major accomplishments. She became the first female to command a battalion leading the 41th Military Intelligence Battalion, Commander of the 199th Regiment Regional Training Institute, and the first female to helm a major command when she led the 61st Troop Command. Currently, she serves as the Assistant General for the Louisiana National Guard and is responsible as the principal military advisor to the Adjunct General in assisting in the deployment and coordination of programs, policies and plans for the Louisiana Army and Air National Guard. The National Guard is unique in defending Louisiana both at home and abroad. Major General Sheridan served as a citizen soldier through Hurricane Katrina, was deployed to Baghdad in support of Operation Iraq Freedom in 2008, and led rescue and recovery efforts in the historic Louisiana flooding of 2016. She previously served as president of the National Guard Association of Louisiana and now serves as secretary of the National Guard Association of the U.S. Her dedication to the National Guard extends past what is required. Twice, Major General Sheridan has battled breast cancer and with her last round of treatment in August, has again won the battle. Her incredible strength and courage serve as a beacon of hope for others. Mr. Speaker, it is my privilege to honor Major General Sheridan's many accomplishments and to recognize her honorable service to the state of Louisiana and our great nation. She has set a tremendous example, and I hope her accomplishments inspire others to exemplify her excellence. My wife, Kelly, and I thank Major General Sheridan for all she does to defend our community and country, and we wish her continued success.

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HONORING THE LIFE AND DEDICATED SERVICE OF DR. JAMES DURELL TUBERVILLE2017-09-14

Mr. JOHNSON of Louisiana

Mr. JOHNSON of Louisiana. Mr. Speaker, it is with profound sadness that I rise today to recognize the life and dedicated service of one of the Lord's most humble servants, Dr. James Durell Tuberville. He made it his life's work to help others during difficult times, and he was a beacon of light and a towering figure in the life of countless many people, including my own family. His lasting influence on our community cannot be expressed enough. I am humbled to rise and pay tribute to his life, his resolved stewardship and unwavering commitment to the people of Northwest Louisiana. James Durell Tuberville was born on October 25, 1958, in Shreveport, Louisiana and on Sunday, August 13, 2017, he left this world to be with our Lord. After graduating from Southwood High School in Shreveport, Dr. Tuberville continued his education at Grawood Christian School and Southwestern Assemblies of God College. He majored in pastoral ministry at Southwestern University and received a master of arts in counseling from Louisiana Tech University. He did all things for the glory of God, and brought care and compassion to multitudes. Dr. Tuberville served his early ministry as a youth pastor in Luna and Natchitoches, Louisiana. He later served as pastor of Bethel Assembly of God in Shreveport for more than II years, before becoming counselor on the pastoral staff at Shreveport Community Church, and president of Personal Solutions, Inc. He selflessly aided those suffering through some of the largest disasters of our lifetime, including the horrific earthquake in Haiti, the Oklahoma City bombing and the great tragedy on September 11, 2001. Known and loved by all, Dr. Tuberville also served selflessly as chaplain for the Caddo Parish Sherriff's Office, Caddo Fire District 3, and as National Chaplain of the firefighters' Brother's Keepers Motorcycle Club. It is difficult to imagine our community without the larger-than-life, always encouraging presence of Dr. Tuberville. His legacy and example are an enduring lesson for all of us. We are comforted to know he has been received by the Lord with that ultimate affirmation, ``Well done, good and faithful servant.'' Mr. Speaker, on behalf of the United States Congress, it is a privilege to honor Dr. James Durell Tuberville and to celebrate a life exceptionally well lived. My wife, Kelly, and I extend our prayers and sincerest condolences to his wife and soulmate, Susan, and two sons, Joshua Durell and Dustin Bruce, to the entire Tuberville family and all those whose lives were changed by this giant of a man.

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PERMISSION FOR MEMBER TO BE CONSIDERED AS FIRST SPONSOR OF H.R. 3912017-07-25

Mr. JOHNSON of Louisiana

Mr. JOHNSON of Louisiana. Mr. Speaker, I ask unanimous consent that I may hereafter be considered to be the first sponsor of H.R. 391, a bill originally introduced by Representative Chaffetz of Utah, for the purposes of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII.

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NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 20182017-07-12

Mr. JOHNSON of Louisiana

Mr. JOHNSON of Louisiana. Mr. Chairman, I rise to speak on the National Defense Authorization Act being considered this evening and on my amendment No. 22 to require an Army cyber training readiness assessment. It is vital that we adequately fund our military with the necessary training and tools they need to succeed. Our men and women in uniform deserve the greatest amount of resources we can possibly provide at all times. If agreed to, my amendment requires the Army to review the combat training centers, or CTCs, and the resident cyber capabilities and training to make certain the needs of prerotational cyber training are fully met. These CTCs' rotations serve as the premier events to evaluate collective training, and the rotations provide feedback to commanders on how well they have trained their units and their leaders and what they need to do to improve readiness. Including cyber training is a commonsense step to meet the threats our Nation will face. The Army has testified before Congress that this area is falling short and additional resources are desperately needed for cyber training. Our Armed Forces must be able to operate within highly defended environments, possibly at the leading edge of a joint force, to control the air, sea, space, and cyberspace domain. My amendment will assist us in this endeavor, and I urge my colleagues to support it.

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STRENGTHENING CAREER AND TECHNICAL EDUCATION FOR THE 21ST CENTURY ACT2017-06-23

Mr. JOHNSON of Louisiana

Mr. JOHNSON of Louisiana. Mr. Speaker, I rise today to express my deep concerns with H.R. 2353, the Strengthening Career and Technical Education for 21st Century Act, also referred to as the CTE Reauthorization Act. This bill reauthorizes the Carl D. Perkins Career and Technical Education Act of 2006 (Perkins Act) to help more Americans enter the workforce with the skills necessary to compete for and succeed in high-skilled, in-demand careers. The bill also makes several other changes and funding modifications to the current program. Louisiana highly values vocational and technical education and includes these skills in all public schools. These contributions are vital to Louisiana's Fourth Congressional District. With more than 25 schools in our district focused on careers in technical education, I am proud to represent many hardworking Louisianians who are skilled in hands-on labor. For these reasons, I cannot in good conscience support this bill knowing it could result in Louisiana losing critical funding over the next several years. As well-intended as this legislation may be, it will not benefit all states equally. A study conducted by the Congressional Research Service examined the bill's modified formula for allocating grants under the Perkins Basic State Grants Program, and found that Louisiana will lose money in nearly every scenario it calculated. In fact, according to this analysis, Louisiana would face some of the most significant decreases among all states in each scenario examined. Decreasing our state's funding level for technical career education would be a great detriment to our efforts and exactly the opposite of what H.R. 2353 is intended to do. Mr. Speaker, it is with great concern that I oppose the current CTE Reauthorization Act. I believe we can do better by the constituents in Louisiana's highly-skilled workforce. Moving forward, I will do everything in my power to work for our students and teachers of the technical education field to ensure they are not left behind and are provided the resources they need to keep our communities strong and our economy growing.

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RECOGNIZING EVALYN ORMOND FOR HER ACCOMPLISHED CAREER IN THE HEALTH CARE INDUSTRY2017-06-14

Mr. JOHNSON of Louisiana

Mr. JOHNSON of Louisiana. Mr. Speaker, it is my privilege to recognize Evalyn Ormond for 40 years of dedicated service in the health care industry of Northwest Louisiana and for 25 years as CEO of Union General Hospital. Evalyn graduated from Ouachita High School and Northeast Louisiana University in Monroe, Louisiana. She began her health care career in 1977 at Sterlington Hospital and, with much determination and hard work, became the hospital's administrator in 1988. Just four years later, Evalyn also took on the role as CEO of Union General Hospital in Farmerville, Louisiana. She remained CEO of both facilities for seven years until Sterlington Hospital closed in 1999. The health care industry is constantly advancing with new innovative technologies. Evalyn remains an active force in bringing those innovations to Louisiana and ensuring the people within our community receive the care they need. Evalyn currently serves on numerous health care boards and committees, devoting her energy to providing quality and stable health care. She has long been a champion for rural health care and regularly travels to Washington, D.C. to vocalize her concerns with Louisiana's elected officials. She is an active member of various organizations including the Louisiana Hospital Association, North East Louisiana Hospital Association, Rural Hospital Coalition and the National Rural Health Association. In addition to her successful tenure as a health care administer, Evalyn remains an active leader in her community. She has earned recognition by the Union Parish Chamber of Commerce for her service and was the first female invited to join the Farmerville Lion's Club. She currently serves as the organization's president paving the way for other women looking to serve their community. Mr. Speaker, on behalf of the United States Congress, I am honored to congratulate Evalyn Ormond on her many accomplishments. I applaud her service to our community. She has truly been a blessing to the health care community. We are fortunate to have individuals like Evalyn who are committed to helping others through difficult times with kindness and compassion. My wife, Kelly, and I thank her for her service and dedication to the people of Louisiana and wish her continued success.

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PROTECTING YOUNG VICTIMS FROM SEXUAL ABUSE ACT OF 20172017-05-25

Mr. JOHNSON of Louisiana

Mr. JOHNSON of Louisiana. Mr. Chair, I yield myself such time as I may consume. I am happy to introduce this manager's amendment to H.R. 1973, the Protecting Young Victims from Sexual Abuse Act. This amendment is very simple. It defines who is covered by the mandatory reporting requirement in the underlying bill. The definition harmonizes language with the underlying statute, defining this class not by location, but by simply keeping the jurisdictional reference where it belongs: in the national governing body or a member of a national governing body. The amendment also defines the term ``event'' to include travel, practice, competition, and health or medical treatment. This definition is important as events in USA Gymnastics revealed abuse by USA Gymnastics' team doctor Larry Nassar, who molested dozens of young girls under the guise of medical treatment. Moreover, other allegations of abuse show that it sometimes took place during travel to various competitions. The amendment also clarifies duties of national governing bodies. Under the amendment, national governing bodies must implement reasonable procedures designed to avoid one-on-one interactions between minors and adults that are not within an observable or interruptible distance. This amendment assures that the 47 different national governing bodies can implement procedures that make sense, given the sport they cover, the reach of their influence, and the resources available to them. Mr. Chairman, I reserve the balance of my time.

Mr. JOHNSON of Louisiana. Mr. Chairman, I yield back the balance of my time.

Mr. JOHNSON of Louisiana. Mr. Chair, I yield 2 minutes to the gentlewoman from Texas (Ms. Jackson Lee).

Mr. JOHNSON of Louisiana. Mr. Chair, I want to thank Mr. O'Halleran and Mr. Biggs for offering this amendment. It will help to prevent abuse at these national governing bodies and, as stated, it will encourage children to report abuse when they are able to quickly and easily access this information. Mr. Chair, I reserve the balance of my time.

Mr. JOHNSON of Louisiana. Mr. Chair, I claim the time in opposition, although I am not opposed to this commonsense amendment, as has just been articulated.

Mr. JOHNSON of Louisiana. I appreciate the gentleman's remarks and his support for this important legislation. Victims should, of course, have reasonable opportunity to seek justice and face their accusers in court. This bill is a good one and fair to all parties, and I look forward to working with the gentleman to get it to the President's desk.

Mr. JOHNSON of Louisiana. Will the gentleman yield?

Mr. JOHNSON of Louisiana. Mr. Chair, in closing, I echo what has been said already, and I appreciate the comments of my colleagues and acknowledge, again, that the manager's amendment is very simple. It simply seeks to clear up language and define these terms. It is a necessary alteration to the bill, and I encourage our colleagues to support the amendment. Mr. Chair, I yield back the balance of my time.

Mr. JOHNSON of Louisiana. Mr. Chair, I reserve the balance of my time.

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PROTECTING AGAINST CHILD EXPLOITATION ACT OF 20172017-05-25

Mr. JOHNSON of Louisiana

Mr. JOHNSON of Louisiana. Madam Speaker, I have tremendous respect for my colleagues on the other side, Mr. Conyers and Ms. Jackson Lee. I understand her amendment is heartfelt and has the proper motive and attention. I would just suggest, again, that the risk of this amendment outweighs any potential benefit because it creates the kind of loopholes that we are trying here desperately to prevent. Madam Speaker, I urge my colleagues to oppose the amendment, and I yield back the balance of my time.

Mr. JOHNSON of Louisiana. Madam Speaker, the concerns stated today are misplaced. The child pornography statutes have never been the subject of abuse by Federal prosecutors, and there is no evidence that that would happen in the future. However, the abuse that is being allowed and that we must address today is that of our children, and that abuse is being allowed because of a loophole that was, sadly, created by a Federal court. Today we have an opportunity to correct that wrong. We have an opportunity to do what we all acknowledge to be the right thing: to defend the most defenseless among us. It is, indeed, an honor for us to take this action on the week that commemorates National Missing Children's Week and here, even, on this day, National Missing Children's Day. I urge all my colleagues to join me in supporting the Protecting Against Child Exploitation Act. We hope that everyone will do the right thing here today. Madam Speaker, I yield back the balance of my time.

Mr. JOHNSON of Louisiana. Madam Speaker, it is not only unnecessary, but it is fashioned in such a manner which may potentially create the type of loophole that we are looking to close. Under current law, so-called Romeo and Juliet cases, such as those between 19- and 50-year-olds, could be prosecuted under any of the child pornography laws--possession, production, or distribution. That has always been the case. However, I reiterate that we know of no such instance that has been brought under any of these Federal provisions under the circumstances covered by this amendment, which further supports the fact that Federal prosecutors do not appear to be bringing such cases. There is just simply no evidence that has been produced to suggest otherwise. For that reason, the amendment is completely unnecessary, and it is based upon no evidence at all. On the contrary, the underlying bill is based upon a real case where a real 7-year-old girl was sexually abused and photographed by a real sexual predator. Our colleagues on the other side have also continually referred to Attorney General Sessions' recent charging memoranda which suggests that under the policy in his memo prosecutors will suddenly be forced to aggressively prosecute 19-year-olds who are engaging in consensual sexual conduct under this statute. But that notion is preposterous and is also based on no evidence. As an initial matter, the minority completely ignores the fact that a prosecutor makes an initial determination as to whether to commence or decline prosecution. And this is distinct from the subsequent decision of what charges should be brought, which would only occur if the decision to prosecute is made in the first place. According to the U.S. attorneys' manual, in making the initial determination to commence a prosecution, a prosecutor must consider whether ``a substantial Federal interest would be served by the prosecution,'' and whether, ``in his or her judgment: One, the person is subject to effective prosecution in another jurisdiction; or, two, there exists an adequate noncriminal alternative to prosecution.'' The Sessions memo doesn't change any of that, and it is absurd to think that the memo will cause the Department of Justice to suddenly shift its prosecutions to aggressively go after Romeo and Juliet cases. This is especially ridiculous, as Attorney General Sessions had made clear from the outset, that the priorities of DOJ and this administration are to prosecute violent crimes and violent offenders. I think that the minority just fundamentally misunderstands and mischaracterizes not only the Sessions memo but this legislation. For that reason, I urge all of my colleagues to oppose the Jackson Lee amendment. Madam Speaker, I reserve the balance of my time.

Mr. JOHNSON of Louisiana. Mr. Speaker, I yield myself such time as I may consume to just say a couple of important points in rebuttal to what we have heard. For one thing, there has been no evidence that the cases referenced by the gentlewoman involving conduct between minors are being prosecuted at the Federal level. I have not seen even one that has been cited. The point here is that prosecutorial discretion has been a sufficient buffer. In committee, our colleagues on the other side have invoked stories of juvenile offenders being charged for consensual conduct and placed on sex offender registries unjustly; however, these are all cases that were prosecuted at the local level. Not one that has been mentioned has been a Federal case. It is important to note that, for offenders under 18, the Federal Department of Justice policy on charging juveniles means that juvenile prosecutions very rarely occur, and only if no State court can assume jurisdiction. In fact, certification from the Attorney General himself is necessary to proceed against a juvenile. Again, I know of no such case in which a juvenile has been prosecuted federally under any child pornography statute. So while we appreciate and understand the concerns about mandatory minimum sentencing and its abuse, particularly with the drug statutes, again, it is important to reiterate here, that is not the case with child pornography. For that reason, Mr. Speaker, I would oppose these arguments and trust that my colleagues will see the wisdom in supporting this very important and timely legislation. Mr. Speaker, I reserve the balance of my time.

Mr. JOHNSON of Louisiana. Madam Speaker, I rise in opposition to the amendment.

Mr. JOHNSON of Louisiana. Mr. Speaker, I yield myself such time as I may consume. I am honored today to speak in support of my legislation, the Protecting Against Child Exploitation Act, which aims to close a court- created loophole, and as the title suggests, further protect our children from predators. When I first arrived to Congress after almost 20 years of litigating constitutional law cases and drafting legislation for municipalities to control the proliferation of sexually oriented businesses, I was deeply concerned to learn that this particular loophole even existed in current Federal law, which essentially allows a child rapist to admit to sexually abusing a child and yet still evade punishment. The background is important to reiterate. As my chairman stated moments ago, this comes from a 2015 case, United States v. Palomino- Coronado, where the U.S. Court of Appeals for the Fourth Circuit reversed the conviction of a child sex offender simply because the court determined the perpetrator lacked specific intent to record the disgusting images that were found on the offender's smartphone. This is despite the fact that the defendant admitted to sexually abusing the 7- year-old child from next door and memorializing the conduct. In its opinion, the court decided the lack of purpose or specific intent was enough to overturn the conviction, even though the defendant himself took the photo of the heinous act and subsequently admitted to sexually abusing this child. This is absolutely in clear contradiction of our responsibility and this Congress' intention to protect America's children. In Scripture, Romans 13 refers to the governing authorities as ``God's servants, agents of wrath to bring punishment on the wrongdoer.'' I, for one, believe we have a moral obligation, as any just government should, to defend the defenseless. My legislation presents a simple fix and updates title 18 of the U.S. Code to ensure future defendants are not able to circumvent the law by simply claiming a lack of intent, especially after knowingly creating a visual depiction of a minor engaged in sexually conduct. More specifically, my legislation amends section 2251 of title 18 to prohibit the production and transmission of a visual depiction of a real minor engaged in sexually explicit conduct. Furthermore, it amends current law to include prohibiting the depiction of a minor assisting any person in engaging in a sexually explicit act. Lastly, to clarify potential circumstances of misinterpretation of the statute and to ensure the statute is not used erroneously to prosecute internet services providers when they have not engaged in wrongdoing, my legislation emphasizes that to be criminally liable under section (a)(3), an internet service provider must have actual knowledge that the child pornography is on its server and that it must intentionally transmit that image or intentionally cause its transmission. We also take the step of prohibiting any criminal or civil liability for internet service providers who are required to transmit child pornography to law enforcement in response to a legal process, such as a search warrant in child exploitation cases. Of course, we would never anticipate a prosecution of an internet service provider for merely responding to a legal process, but it is my hope that explicitly providing for this immunity in the statute will further enhance the relationship between internet service providers and law enforcement to work together to combat these predators. In answer to the opposition that we have heard here, it is important to reiterate this legislation does not create new mandatory minimums. However, I would like to address the comments regarding the current law on mandatory minimum penalties under the production of child pornography statute. There is simply no evidence that Federal prosecutors are abusing this statute. I think we should all recognize that producing child pornography is a horrific crime. It often means luring young children into acts that no one, man, woman, or child, should be forced to do. It is not a photograph of a nude child. It is something far worse. Each photo is a crime scene. Such a horrific act by the perpetrator requires the maximum amount of legal deterrents. While mandatory minimums have reached much scrutiny in the drug statutes, in this venue for this statute, there could be no doubt that the penalties that exist under current law are appropriate. Child sexual exploitation is vastly underreported. The number of images of child pornography keeps growing and the images are becoming more and more depraved. The harm is too great to these victims not to have significant penalties available to deter this conduct and punish the producers of child pornography. Every time an image of child pornography is viewed, the victim gets revictimized. Once an image is on the internet, it is irretrievable and can continue to circulate forever. This permanent record of a child's sexual abuse can alter his or her life forever. Many victims of child pornography suffer from feelings of helplessness, fear, humiliation, and lack of control, given that their images are available for others to view in perpetuity. These images are becoming more sadistic and violent, and the age of the average victim is becoming younger and younger. It is a horrifying fact that it is not uncommon for even toddlers and infants to now be subjects of these images. It is also important that there is no confusion about one fact: The very creation of these images is repulsive, regardless of whether or not the abuse was done with a specific intent of creating an image or if the intent to memorialize this conduct was a secondary thought. Consider the facts of the case that led to this bill. As was mentioned, an adult male had sexual relations with a 7-year-old girl who lived next door and decided to photograph it. That is the production of child pornography. There is no question about it. No one should be permitted to escape responsibility merely by asserting they did not have a specific intent to create the image before they abused the child. The act of taking a photo or making a video is enough to demonstrate intent. Mr. Speaker, that is what this bill does. It is appropriate that we are doing all this on the day that we recognize as National Missing Children's Day. I am going to urge all my colleagues to support the bill. Mr. Speaker, I reserve the balance of my time.

Mr. JOHNSON of Louisiana. Mr. Speaker, I yield 1 minute to the gentleman from California (Mr. McCarthy).

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