F. Sensenbrenner

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman from Ohio (Mr. Gillmor). (Mr. GILLMOR asked and was given permission to revise and extend his remarks.)

Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman from Arizona (Mr. Hayworth). (Mr. HAYWORTH asked and was given permission to revise and extend his remarks.)

Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Indiana (Mr. Pence).

Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman from Florida (Mr. Foley).

Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentleman from Wisconsin (Mr. Green).

Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, let me say that this vote will draw to a close congressional consideration of legislation that has brought together Republicans and Democrats, concerned parents, and those who are related to victims from around the country. And this has become somewhat of a crusade in order to make necessary changes to prevent more sexual predators from falling through the cracks and molesting and harming and even murdering innocent victims. The Child Safety Act of 2006, I believe, is appropriately named after Adam Walsh. One of the things I did early in my service in Congress was to work with the Walshes to pass the first bill which put the names of missing children in the FBI's National Crime Identification File. There were problems in alerting law enforcement back in the early 1980's when a child had been abducted, and, as a result, those who did abduct the children were able to take them far away before law enforcement was able to weave the net around these people, and many tragedies occurred, including the brutal murder of the Walsh's beloved son, Adam. I really want to commend John Walsh and his wife, because they have used the tragedy of their son's death and the grief that it caused to be able to make America a safer place for children, not only those that are here now, but those that are to be born in this country and who come to this country. The Children's Safety Act of 2003 was a necessary start. This bill improves on the Children's Safety Act of 2003, plugs more loopholes, and America will be a safer place as a result of all of the people who have worked on behalf of this legislation. I would like to publicly thank all of them. There are too many to list by name, but in my full statement that I put into the record, I listed the names of a lot of very well-publicized victims. Let's hope that this bill makes sure that there are no more names added to that list. Vote in favor of the bill, send it to the President. Mr. Speaker, I include for the Record an exchange of letters between Mr. Thomas, Chairman of the Committee on Ways and Means, and myself. Committee on Ways and Means, House of Representatives, Washington, DC, July 24, 2006. Hon. F. James Sensenbrenner, Jr., Chairman, Committee on the Judiciary, Washington, DC. Dear Chairman Sensenbrenner: I am writing concerning H.R. 4472, the ``Adam Walsh Child Protection and Safety Act of 2006,'' which is scheduled for floor action on Tuesday, July 25, 2006. As you know, the Committee on Ways and Means has jurisdiction over matters concerning certain child welfare programs, particularly as they pertain to foster care and adoption. Section 152 of the bill would require States to conduct safety checks of would-be foster and adoptive homes as well as eliminate the ability of States to opt-out of Federal background check requirements restricting Federal support for children placed with foster or adoptive parents with serious criminal histories. Section 152 also would require States to check child abuse registries for potential foster and adoptive parents. Thus these provisions fall within the jurisdiction of the Committee on Ways and Means. However, in order to expedite this bill for floor consideration, the Committee will forgo action. This is being done with the understanding that it does not in any way prejudice the Committee with respect to the appointment of conferees or its jurisdictional prerogatives on this bill or similar legislation. I would appreciate your response to this letter, confirming this understanding with respect to H.R. 4472, and would ask that a copy of our exchange of letters on this matter be included in the Congressional Record during floor consideration. Best regards, Bill Thomas, Chairman.

Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentlewoman from New York (Mrs. Kelly).

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I had a lengthy statement that I wanted to put in the Record, but we have a lot of demands for speakers, so I will be brief and include the full statement in the Record under general leave. I rise in strong support of H.R. 4472, the Adam Walsh Child Protection and Safety Act of 2006. The continued vulnerability of America's children to sexual predators is a national tragedy that demands strong congressional action. During the 109th Congress, the House has twice passed broad child safety legislation; in September 2005 and then in March of this year. I want to commend the other body for recognizing the importance of following the House's lead to address this issue. Mr. Speaker, H.R. 4472 contains strict national offender registration and data sharing requirements to ensure that law enforcement agencies in America's communities know where sex offenders live and work, and to provide stiff criminal penalties for sex offenders who fail to comply with these enhanced registration requirements. This legislation would make it crystal clear to sex offenders: You better register, you better keep the information current, or you are going to jail. The bill also increases criminal penalties to punish and deter those who prey on children, and it authorizes important grant programs that will help ensure the safety of our Nation's children. Mr. Speaker, 25 years ago, John and Reve Walsh suffered the devastating loss of their 6-year-old son, Adam, who was abducted and murdered by a child predator. With courage and determination, the Walshes channeled the grief of their son's loss into a national campaign to spare other families from ever facing the pain they will always endure. And I would just like to point out that in the well, there is a picture of this darling child who was brutally murdered. Their quarter century of sacrifice has made America's children safer, and it is in the memory of their son Adam that this legislation is named. Mr. Speaker, the Adam Walsh Child Protection and Safety Act of 2006 represents the most comprehensive Federal child safety legislation ever considered by this House. It reflects this body's boldest commitment yet to protecting America's children against sexual predators. I urge my colleagues to vote ``yes'' on the motion to suspend the rules and send this vital and historic legislation to the President's desk for his signature. Mr. Speaker, I rise in strong support of H.R. 4472, the Adam Walsh Child Protection and Safety Act of 2006. Adam Walsh, Jacob Wetterling, Megan Nicole Kanka, Pam Lychner, Jetseta Gage, Dru Sjodin, Jessica Lunsford, Sarah Lunde, Amie Zyla, Christy Fornoff, Alexandra Nicole Zapp, Polly Klaas, Jimmy Ryce, Carlie Brucia, Amanda Brown, Molly Bish, Elizabeth Smart, Samantha Runnion. The names of these innocent victims are seared into the national consciousness but only represent a fraction of children victimized by violent sexual offenders. Their names comprise a roll call of insufferable loss and a call to national action--the injustice of each assault compounded by the cruel recognition that it might have been prevented. The continued vulnerability of America's children to sexual predators is a national tragedy demanding strong congressional action. Mr. Speaker, H.R. 4472 responds to this urgent call. There are over a half million sex offenders in the United States and up to 100,000 offenders are unregistered and their locations unknown to the public and law enforcement. H.R. 4472 contains strict national offender registration and data sharing requirements to ensure that law enforcement agencies and America's communities know where sex offenders live and work. The legislation provides stiff criminal penalties for sex offenders who fail to comply with these enhanced registration requirements. By requiring national registration obligations, regular updates, frequent in-person verification, and providing tough and targeted criminal penalties, we intend to make one thing clear to sex offenders across this country--you better register, and you better keep the information current, or you are going to jail. This legislation will also utilize the United States Marshals Service in assisting States to hunt down missing sex offenders. To provide the public with important information concerning the status and location of sex offenders, the bill requires States to maintain Internet sites with accurate and accessible offender information, and to provide timely notification of changes in sex offender information to law enforcement authorities, as well as educational, and other community organizations. H.R. 4472 also creates the National Sex Offender Public Website so that anyone can search any location in the country to determine where sex offenders are located. In addition to vital improvements to the sex offender registry, the bill increases criminal penalties to punish and deter those who prey on children. These tough new provisions include: the death penalty for the murder of a child; a mandatory minimum of 25 years in jail for kidnaping or maiming a child; and a 30-year mandatory minimum for having sex with a child under 12 or sexually assaulting a child between 13 and 17 years old. The bill would also make an alien's failure to register a deportable offense and bar convicted alien sex offenders from having family-based petitions approved. In order to better protect America's children against the growing threat of online sexual predators, the Adam Walsh Act establishes a 20- year mandatory jail sentence for members of a child exploitation enterprise, provides a 10-year consecutive mandatory penalty for any sex offender who commits an offense against a child, authorizes additional resources to prosecute child pornographers, and expands civil remedies for sexual offenses against children. The bill also provides new grant programs to combat sexual abuse of children, authorizes new crime prevention campaigns, child fingerprinting campaigns, and establishes a national registry of substantiated child abuse cases. Mr. Speaker, 25 years ago, John and Reve Walsh suffered the devastating loss of their 6-year-old son Adam, who was abducted and murdered by a child predator. With courage and determination, the Walshes channeled the grief of their son's loss into a national campaign to spare other families from ever facing the pain they will always endure. Their quarter century of sacrifice has made America's children safer, and it is in the memory of their son Adam--whose loss galvanized their heroic service--that this legislation is named. During the 109th Congress, the House has twice passed broad child safety legislation in September, 2005, and in March of this year. I commend the other body for recognizing the importance of following the House's lead to address this issue. Mr. Speaker, this legislation benefited greatly from the tireless efforts of many Members of this body. I wish to thank my colleague from Wisconsin, Mr. Green, for his efforts to further strengthen this legislation by requiring States to include juvenile sex offenders in these registries. The Chairman of the Subcommittee on Crime, Mr. Coble, as well as Representatives Foley, Chabot, Pence, Harris, Gillmor, Poe, Brown-Waite, Cramer, Graves, and Pomeroy also deserve recognition for their important contributions to this bipartisan legislation. Mr. Speaker, the Adam Walsh Child Protection and Safety Act of 2006 represents the most comprehensive Federal child safety legislation ever considered by this House. It reflects this body's boldest commitment yet to protecting America's most vulnerable and precious members--our children--against sexual offenders. I urge my colleagues to send this vital and historic legislation to the President's desk for his signature. Mr. Speaker, I would like to take a moment to recognize all of those who worked so hard to see this bill through to completion. From the House Judiciary Committee's Majority Staff, I would like to specifically thank Phil Kiko, Sean McLaughlin, Rob Tracci, Brian Benczkowski, and Katy Crooks. From the Subcommittee on Crime, Terrorism and Homeland Security, I want to thank Michael Volkov, Caroline Lynch, and Spencer Morgan, and Johnny Mautz from Chairman Coble's staff. From the Leadership, I would like to thank Margaret Peterlin, from the Speaker's Office, Jo Marie St. Martin from the Majority Leader's Office, and April Ponnuru, from the Whip's Office. Additional House Staff who I would like to thank are: Bobby Vassar, counsel to Bobby Scott, Ranking Minority Member, Subcommittee on Crime, Terrorism and Homeland Security; Bradley Schreiber of Representative Foley's staff; Ryan Osterholm of Representative Green's staff; Ryan Walker of Representative Gillmor's staff; Melanie Rhinehart of Representative Pomeroy's staff; Josh Pitcock of Representative Pence's staff; Tim Morrison of Representative Kennedy's staff; Christine Calpin of Representative Thomas's staff; Ian Ryder of Representative Wasserman-Schultz's staff; Whitney Rhodes and Pam Davidson of the House Education and Workforce Committee staff; and David Cavick and Ryan Long, of the House Energy and Commerce Committee staff. I would also like to thank Doug Bellis from the Legislative Counsel's Office for his dedication and assistance in the drafting of this important legislation. From the Senate, I would like to thank Allen Hicks and Brandi White of Senator Frist's staff; Michael O'Neill, Matt Miner, Todd Braunstein, of the Senate Judiciary Committee; Ken Valentine and Tom Jipping of Senator Hatch's staff; Joe Matal of Senator Kyl's staff; James Galyean of Senator Graham's staff; Dave Turk of Senator Biden's staff; Bruce Cohen, Julie Katzman and Noah Bookbinder of Senator Leahy's staff, Nicole Gustafson of Senator Grassley's staff, as well as Chad Groover, who has since left Senator Grassley's office but who played a critical role in developing many of the penalty enhancements included in title II; Christine Leonard of Senator Kennedy's staff; Lara Flint of Senator Feingold's staff; Nate Jones of Senator Kohl's staff; Sharon Beth Kristal of Senator DeWine's staff; Reed O'Connor, Matthew Johnson and Lynden Melmed of Senator Cornyn's staff; Jane Treat of Senator Coburn's staff; Greg Smith of Senator Feinstein's staff; Marianne Upton of Senator Durbin's staff; Bradley Hayes of Senator Sessions's staff; Preet Baharara of Senator Schumer's staff. Additionally, I want to thank Avery Mann, from America's Most Wanted, who played a significant role; Michelle Laxalt, who took a great personal interest in this bill and from the outside helped a great deal. I also want to thank the National Center for Missing and Exploited Children, especially Ernie Allen, John Libonati, Robbie Callaway, and Carolyn Atwell-Davis, for their efforts. Finally, I would like to pay respect to just some of the victims who really helped with this bill: Mark and Amie Zyla from my State of Wisconsin, who have been tireless advocates in support of this bill; Linda Walker, the mother of Dru Sjodin; Mark Lunsford; Erin Runnion; Marc Klass; Polly Franks, Patty Wetterling; and last but not least-- really, really, we can never thank them enough--John and Reve Walsh. Mr. Speaker, I reserve the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 4472, currently under consideration.

Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman from Pennsylvania (Mr. Fitzpatrick).

Mr. SENSENBRENNER. Mr. Speaker, I thank the gentleman from Virginia for yielding the time, and I yield 2 minutes to the gentleman from Georgia (Mr. Gingrey). (Mr. GINGREY asked and was given permission to revise and extend his remarks.)

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 4472) to protect children, to secure the safety of judges, prosecutors, law enforcement officers, and their family members, to reduce and prevent gang violence, and for other purposes.

Mr. SENSENBRENNER. Mr. Speaker, I yield 2 minutes to the gentlewoman from Florida (Ms. Ginny Brown-Waite).

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 3729 currently under consideration.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 3729. This legislation would grant the chief judge of any district or appeals court the authority to enter an order to delay or toll any deadlines on pending cases whenever an affected court has closed due to a natural disaster or other emergency situation. While the court can generally be expected to give consideration to the difficulties faced by litigants in such cases, this legislation is designed to ensure that the court also gives appropriate consideration to the unique burdens that may be imposed on the Federal Government in responding to an emergency. When a disaster occurs, the field offices of Federal law enforcement agencies may lose access to case files, evidence and other materials critical to the timely prosecution and adjudication of pending cases. Additionally, the government may be forced to reallocate personnel and other resources to address critical, often life-threatening, situations that arise as a consequence of such disasters. Last year's devastating hurricanes that struck New Orleans and much of the gulf region provide a recent example of circumstances where this bill would help ensure that justice can continue to be administered. The version of H.R. 3729 we consider today reflects bipartisan, clarifying changes adopted in committee based on discussions with the Administrative Office of the U.S. Courts and the Department of Justice. This legislation preserves the primacy of State law by expressly providing that the bill's authority does not extend to any statute of limitation for a criminal or civil action if the claim arises under State law and extending that limitation would be inconsistent with the governing State law. Additionally, the bill expressly provides that the bill not be construed to authorize suspension of habeas corpus, and places a limitation of 14 days on the amount of time a deadline may be extended or tolled while preserving the ability of a judge to seek additional time extensions. Finally, this legislation requires that a court issuing an order to toll or delay deadlines make all reasonable efforts to publicize the order on the Web sites of the Federal judiciary and all affected courts and notify the House and Senate Judiciary Committees when such action is taken. Mr. Speaker, this bill helps ensure that the fair and timely administration of justice, which is central to our form of government, is not imperiled by natural disasters or other emergency circumstances. I urge my colleagues to support this legislation. Mr. Speaker, I reserve the balance of my time.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 4019, a bill to amend title 4 of the United States Code to clarify the treatment of self-employment for the purposes of the limitation on State taxation of retirement income. This bill makes technical and clarifying amendments to the legislation enacted in 1996 to restrict the ability of States to tax certain pension income received by their former residents and nonresidents who earned income in that State. Virtually every State correctly interpreted the law to encompass all retired individuals as Congress intended, and adjusted their tax systems accordingly. However, after 10 years, at least one State has sought to promote an interpretation of the law at odds with congressional intent by taxing the retirement income of partners who no longer live in the State or who may never even have ever lived there. H.R. 4019 clarifies and reiterates the policy Congress wrote into Public Law 104-95, that States are prohibited from taxing the retirement income of all nonresident retirees, whether the individual is a retired employee, partner or principal. Mr. Speaker, this bill, which enjoys bipartisan support, merely restores fairness and the original intent of Congress by reaffirming that States should treat all retirees equally. I urge my colleagues to join me in supporting this legislation. Mr. Speaker, I reserve the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4019) to amend title 4 of the United States Code to clarify the treatment of self-employment for purposes of the limitation on State taxation of retirement income, as amended.

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 4019 currently under consideration.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1871) to provide liability protection to nonprofit volunteer pilot organizations flying for public benefit and to the pilots and staff of such organizations, as amended.

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 1871 currently under consideration.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 1871, the Volunteer Pilot Organization Protection Act. This bill is narrowly tailored to correct specific liability exposure for volunteer and nonprofit activities. In 1997, Congress passed the Volunteer Protection Act to shield volunteers from liability from some forms of negligence in response to concerns that America's lawsuit culture was inhibiting this country's rich tradition of volunteerism. However, that act does not protect volunteers who operate an automobile, vessel or aircraft, nor does it protect the organizations that coordinate the volunteers. There are approximately 30 separate volunteer pilot organizations flying for the public benefit, the largest of which function together as Angel Flight America. These organizations coordinate almost 8,000 volunteer pilots, who fly anywhere from one to 50 volunteer missions a year, all at their own personal expense. These pilots conduct public benefit aviation, which includes activities ranging from environmental observation, wilderness rescue, delivery of medical supplies and organs, and transport of medical patients. In the area of medical patient transport alone, volunteer pilot organizations provided free, long-distance transportation to over 40,000 patients and their escorts in 2003. As beneficial as these groups are in the normal course, they are crucial in times of crisis. For example, in the wake of Hurricane Katrina, Angel Flight America, through its role with the Homeland Security Emergency Air Transportation System, flew over 500 missions in the first week after the storm, bringing in emergency workers, agency staff, volunteers, and supplies. These volunteer pilots also flew high-risk individuals to safer locations, and once there assisted groups such as the National Center for Missing and Exploited Children in reuniting parents and children separated in the evacuation of New Orleans. Overall, Angel Flight America coordinated over 2,200 flights in the areas affected by Hurricane Katrina, second only to the United States military. Despite the invaluable services they provide, these groups are not protected from liability by the Volunteer Protection Act and face difficulty in obtaining the necessary insurance because of liability exposure fears. In many cases, the volunteer pilot organizations cannot obtain, at any cost, the type of liability insurance that they need. In addition, hospitals and other medical establishments are sometimes reluctant to refer patients to volunteer pilot medical transport services because of their own fear of liability exposure based upon the simple act of recommending needy patients to nonprofit volunteer pilots. This legislation limits the liability exposure for volunteer pilots and organizations by bringing them within the scope of coverage of the Volunteer Protection Act. The legislation will not confer blanket immunity. Liability will attach for gross negligence or reckless, willful, or criminal misconduct. The bill would also have an added benefit of allowing hospitals, clinics and other organizations, including those organizations active in rescue operations like the American Red Cross, to refer needy patients for no-cost medical transport with less fear of their own liability exposure. Further, the bill requires that the pilots purchase insurance in order to be covered by the liability protections. I would also note that this bill contains two amendments that address specific concerns that were raised about earlier versions of this bill. The first amendment, which was adopted during the committee markup, ensures that the liability protections do not extend to anyone who engages in terrorist activities. The second amendment, which was negotiated after the markup with Representative Scott of Virginia and Representative Drake, provides that volunteer pilots, who are required to carry insurance under the bill, can be liable up to the limits of that insurance. The pilots would not, however, be personally liable for any amounts above their insurance for simple negligence. Mr. Speaker, H.R. 1871 will end the cycle of litigation and the threat of such litigation that has stifled the efforts of public-minded volunteer pilots who risk their lives to assist others. The bill is supported by a wide array of charitable organizations, including the American Red Cross, the National Organization For Rare Disorders, Angel Flight America, and the National Air Transportation Association. In 2004, the House overwhelmingly passed similar legislation with the support of 385 Members. I would urge my colleagues to support this important legislation. Mr. Speaker, I reserve the balance of my time

Mr. SENSENBRENNER. Mr. Speaker, I yield 5 minutes to the author of the bill, the gentlewoman from Virginia (Mrs. Drake).