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“MODIFYING DEADLINE RELATING TO ELECTION BY INDIAN TRIBES” mentioning the U.S. Dept. of Justice was published in the House of Representatives section on pages H8228-H8230 on July 23, 2007.
The publication is reproduced in full below:
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 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. PENCE asked and was given permission to revise and extend his remarks.)
Mr. PENCE. 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.
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