F. Sensenbrenner

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Chairman, I rise to offer this amendment to respond to the law enforcement problems being faced by Louisiana, Mississippi, Alabama, Texas, and other States as a result of the devastation from Hurricane Katrina. It is estimated that at least 15,000 sex offenders have been relocated from the affected area as a part of disaster relief efforts. Criminal records and sex offender information are, in many cases, not available to law enforcement or the community to track these offenders as they move to new areas. But this is just the tip of the iceberg. It has been reported by the Texas Department of Justice, for example, that the State is experiencing significant increases in violent crime. There are 1,350 sex offenders unaccounted for in Houston alone after being evacuated from Louisiana. The parole department in Louisiana has no idea where these people are and can provide no identifying information, fingerprints or photos. Reports also indicate that crimes against children in Texas shelters are rising. These States are in desperate need of Federal assistance. My amendment does just that by directing the Justice Department to provide technical assistance to help law enforcement in these areas and to identify sex offenders who have been relocated. It is critical we protect our children while disaster relief is being provided, and I urge support of the amendment.

Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?

Mr. SENSENBRENNER. Mr. Chairman, I believe this amendment is a constructive addition to the bill. It might need a little fine-tuning regarding the structure of the office, but we can do that in conference. I urge the House to accept the amendment.

Mr. SENSENBRENNER. Mr. Chairman, I yield 5 minutes to the gentleman from Wisconsin (Mr. Green).

Mr. SENSENBRENNER. Mr. Chairman, I yield myself such time as I may consume. I am pleased to bring to the House floor today H.R. 3132, the Children's Safety Act of 2005. I introduced this legislation on June 30 in a bipartisan effort to address the growing epidemic of violence against children and the need for greater protection from convicted sex offenders through State registration and notification programs. This year our country has been shocked by a series of brutal attacks against children at the hands of convicted sex offenders. In June, our Nation was horrified by the kidnapping and murders of members of the Groene family by a convicted sex offender. Two well-publicized tragedies earlier this year in Florida, in which 9-year-old Jessica Lunsford and 13-year-old Sarah Lunde were murdered by convicted sex offenders further underscore the need for quick congressional action to address the danger posed by individuals who prey on children. In addition to the widely reported tragedies that have rightly brought this issue to the forefront, the statistics regarding the frequency with which such heinous crimes occur are staggering. Statistics show that one in five girls and one in 10 boys are sexually exploited before they reach adulthood. Yet less than 35 percent of the incidents are reported to authorities. According to the Department of Justice, one in five children between the ages of 10 and 17 receive unwanted sexual solicitations online. Additionally, statistics show that 67 percent of all victims of sexual assault were juveniles under the age of 18, and 34 percent were under the age of 12. In June of this year, the Subcommittee on Crime, Terrorism and Homeland Security held a series of three hearings on child crimes issues, focusing on violent crimes against children, sexual exploitation of children, and the Sex Offender Registration and Notification program and related legislative proposals. On July 30, the Judiciary Committee considered this bill and ordered it favorably reported by an overwhelming vote of 22 to 4. Mr. Chairman, there are over 550,000 sex offenders in the country; and it is conservatively estimated that at least 100,000 of them are lost in the system, meaning that nonregistered sex offenders are living in our communities and working at locations where they can, and likely will, come into contact with our children. This is simply unacceptable, and the legislation specifically targets this problem to enhance the safety of America's families and communities. The Children's Safety Act will make much needed reforms to the Sex Offender and Registration program by expanding the scope and duration of sex offender registration and notification requirements to a larger number of sex offenders. The legislation also requires States to provide Internet availability of sex offender information, requires timely registration by sex offenders, and then enhances penalties for their failure to register and increases the disclosure requirements regarding their whereabouts. The bill authorizes United States marshals to apprehend sex offenders who fail to register and increases grants to States to apprehend sex offenders who are in violation of registration requirements contained in the legislation. Additionally, H.R. 3132 would authorize demonstration programs for new electronic monitoring programs such as anklets and global position system monitoring, which will require examination of multijurisdictional monitoring procedures. H.R. 3132 also revises the use of DNA evidence; increases penalties for violent crimes committed against children, and sexual exploitation of children; streamlines habeas review; State death penalties are imposed against child killers; and protects foster children by requiring States to perform more complete background checks before approving a foster or adoptive parent program and placement. This legislation is strongly supported by America's Most Wanted, John Walsh; Ernie Allen from the National Center for Missing and Exploited Children; Robbie Calloway from the Boys and Girls Clubs of America; and many victims and representatives of victims organizations. The courage of some, such as the father of Jessica Lunsford, to speak out on this important issue in the face of unmistakable grief is truly admirable. They have provided critical input throughout the process and have urged Congress to enact this legislation as quickly as possible. Mr. Chairman, the time to protect our Nation's children from sexual predators in our communities and online on the Internet is now. The scope of this problem requires a swift congressional response, and I urge Members of this body to move swiftly to help protect America's children from violent sexual offenders. Mr. Chairman, I reserve the balance of my time.

Mr. SENSENBRENNER. Mr. Chairman, I yield 3 minutes to the gentleman from Texas (Mr. Poe).

Mr. SENSENBRENNER. Mr. Chairman, I yield 1 minute to the gentlewoman from Ohio (Mrs. Schmidt).

Mr. SENSENBRENNER. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Florida (Mr. Keller).

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

Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?

Mr. SENSENBRENNER. Mr. Chairman, I offer an amendment.

Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.

Mr. SENSENBRENNER. Mr. Chairman, I yield 3 minutes to the gentleman from Florida (Mr. Foley).

Mr. SENSENBRENNER. Mr. Chairman, this amendment sounds good to me, and I am happy to accept this amendment as well.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I rise today to acknowledge one of my constituents, Eugene P. Sinclair, M.D., as he completes his term as President of the American Society of Anesthesiologists, a 100 year old national professional organization currently representing over 39,000 anesthesiologists. Founded in 1905, ASA is the predominant professional organization representing medically trained anesthesiologists. Since its founding, ASA has been the leader in the development of patient safety standards and guidelines for the delivery of safe patient care before, during and after surgery. The ASA's efforts on behalf of the specialty have been acknowledged by both the medical and lay press alike. Both The Institute of Medicine (IOM), in its 1999 report on medical errors, and the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), in its report on improving the medical liability system and preventing patient injury, recognized the successes of organized anesthesiology in improving patient outcomes. In June, the Wall Street Journal, in a front page article, reported on the unique role ASA and anesthesiologists have played in addressing patient safety in the delivery of anesthesia and in reducing their liability costs, holding up anesthesiologists as a model for other specialties to follow. Dr. Sinclair received his medical degree from Marquette University School of Medicine in Milwaukee, Wisconsin. After medical school, he served in the U.S. Army's distinguished 101st Airborne Division in Ft. Campbell, Kentucky for 3 years. Following his military service, Dr. Sinclair completed his anesthesiology residency at the Milwaukee County General Hospital and the VA Hospital in Wood, Wisconsin. Dr. Sinclair is currently Chief, Anesthesia Service at the Orthopedic Hospital of Wisconsin. He has been active in the Wisconsin Society of Anesthesiologists, the Milwaukee Society of Anesthesiologists and the State Medical Society of Wisconsin and Milwaukee Country Medical Society. For ASA, Dr. Sinclair has served as president-elect, first vice president, speaker of the ASA House of Delegates, delegate, and director. He has also served on numerous Society committees and task forces including the committees on quality management and ambulatory surgical care and the task forces on office-based anesthesia and practice management. During his year as ASA President, Dr. Sinclair devoted countless hours to the pursuit of knowledge, consensus and education regarding the rare but highly publicized problem of awareness under general anesthesia. He also fostered partnerships with many other leading national medical organizations who share the common goal of improved safety and quality of care for the surgical patient. These are extremely challenging yet rewarding times for anesthesiologists as they shepherd the most vulnerable of patients-- from the tiniest babies to the frailest of the elderly--through the most intricate and, in many cases, life-saving, surgical procedures. Mr. Speaker, I ask my colleagues to join me today in recognizing Eugene Sinclair, M.D., for his notable career achievements, his exemplary leadership, and his dedication to patient safety.

Mr. SENSENBRENNER

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

Mr. SENSENBRENNER. Mr. Speaker I yield myself the balance of my time. Mr. Speaker, after listening to the gentleman from Michigan, I am a little bit confused. Because last week, the Congress appropriated almost $52 billion without a hearing. Right before Labor Day, the Congress appropriated $10 billion without a hearing. Today, I had scheduled three Katrina-related bills for markup in the Judiciary Committee. They were not ready by our 24-hour deadline, and the gentleman from Michigan objected to that, so I called off that markup, and we are going to have to do that next week. Otherwise we would have it on the floor much more promptly. The fact of the matter remains that these people need to have the immunity for liability in order that they can volunteer and effectively deliver their volunteer services. The gentleman from Michigan (Mr. Conyers) and the other opponents of this bill have come up with a litany of horrors that this bill would allow criminal conduct to be immunized, and that is not the case. This bill specifically does not apply in any way to protect those whose willful, wanton, reckless or criminal conduct causes injury; nor does it apply to those who violate the Federal or State civil rights laws when injury occurs. Now, today we have a chance to cast a vote in favor of our volunteers, our volunteer individuals and those nonprofit organizations who have stepped up to the plate to provide essential relief services to the people who have been affected by Hurricane Katrina; or we can send it back to committee and have more hearings. Well, by the time those hearings are over with, I am sure the first series of frivolous lawsuits will be filed; and believe me, the next time there is a disaster, hopefully not of the magnitude of Hurricane Katrina, there will be a lot of organizations and a lot of individuals who will be afraid to volunteer to do what they want to do and do what they can do best, because they do not want to spend the rest of their lives in court. Pass this bill.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, thousands of America's volunteers have already answered the call to help those suffering in the wake of Hurricane Katrina. But, unfortunately, many are hindered in their efforts or held back from joining the relief effort in the first place by the threat of legal liability. In too many parts of the country, including Louisiana and the other areas affected by Hurricane Katrina, it is not only unclear what defines the legal protections for Good Samaritans, but it is also unclear which of those legal protections would govern where citizens of multiple States converge on another State to give aid and comfort to their fellow citizens in need. At the Federal level, the Volunteer Protection Act does not provide any protection to volunteers who are not working under the auspices of an official nonprofit organization, namely, a 501(c)(3) organization; and it provides no protection at all to the nonprofit organizations themselves. Consequently, under Federal law there are absolutely no legal protections for the average person who wants to volunteer on their own, and there are also absolutely no legal protections for America's wonderful nonprofit organizations themselves, such as the Red Cross; but only an extremely small percentage of the some 1.4 million nonprofit organizations in the United States actually purchase liability insurance due to excessive costs. The bill before us today closes the gaps in existing law for those individuals and organizations wanting to give of themselves to aid those suffering the worst effects of one of the most tragic weather disasters in American history. This bill makes crystal clear that everyone who helps those who have suffered harm in the wake of Hurricane Katrina will be covered by some basic legal protections. If a volunteer's own State law provides greater protections for them, all the better; and this legislation would allow those stronger protections to govern in their situation. But this bill provides a uniform Federal floor on which all volunteers can confidently stand when helping those in need in the wake of Hurricane Katrina. Such a uniform Federal law is clearly needed. As the Los Angeles Times recently reported, ``the lack of liability protection is one of several concerns delaying some 900 churches from joining the evacuation network.'' According to recent press accounts, the Red Cross feels constrained in giving out the names of refugees to those who want to offer their homes to them for shelter because they have concern about liability. The Red Cross has cited liability issues as a reason for people not to volunteer to take refugees into their homes and complain generally that ``there is so much liability involved.'' The Minnesota Department of Public Safety spokesman has said of volunteer efforts, if things go south, there are liability problems. In Grandville, Michigan, a local school district wants to let evacuees use a vacant school for shelter, but the school's superintendent is concerned about liability issues. The Cleveland Plain Dealer reports that a specially trained group of 50 international physicians and psychologists who have extensive experience treating children in Third World countries could face liability issues here if they venture into States where they are not licensed. Anytime lawsuits or threats of lawsuits limit private persons and entities, State and local governments from acting to help those in need, the response costs of the Federal Government only increase. H.R. 3736 simply ensures that if one is a volunteer who acts in good faith to assist the victims of Hurricane Katrina without compensation, then they do not have to worry about lawsuits unless they either act in a willful, wanton, reckless, or criminal matter or violate a Federal or State civil rights law. All volunteers under this bill will have to worry about is saving those in need, and they will not have to worry about hiring an attorney to defend themselves from a frivolous lawsuit. The bill does not apply to those with preexisting duties to aid. That is, it does not apply to those with the statutory duty to aid the victims or those with prior contractual obligations to do so. The bill does apply to all volunteers who in good faith and without expectation of compensation render aid, medical treatment, or rescue assistance to any person in response to harm caused by Hurricane Katrina. The Congress voted overwhelmingly to give far greater legal protections to selected entities following the 9/11 terrorist attacks. At the very least, this Congress should pass some legal protection for volunteers working in the wake of Hurricane Katrina. While we all keep the victims of Katrina in our prayers, let us keep all the individual volunteers and organizations that support them in our hearts and free them to act on their compassion without the distracting fear of unnecessary lawsuits. This bill should be passed. I urge the Members to vote in favor of it. Mr. Speaker, I reserve the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, will the gentleman yield?

Mr. SENSENBRENNER. Mr. Speaker, the bill says that if the driver of the car is operating as a volunteer without compensation and acting in good faith, the provisions of the bill apply.

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 material on H.R. 3132.

Mr. SENSENBRENNER

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

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 208) recognizing the 50th anniversary of Rosa Louise Parks' refusal to give up her seat on the bus and the subsequent desegregation of American society.

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. Con. Res. 208 currently under consideration.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of H. Con. Res. 208, recognizing the 50th anniversary of Rosa Louise Parks' refusal to give up her seat on the bus and the subsequent desegregation of American society. Fifty years ago, one individual, through one courageous act, gave strength to the citizens of Montgomery, Alabama, to stand up to the injustice and indignity that had become commonplace among its citizens. Rosa Parks accomplished this heroic feat through the single act of refusing to give up her seat on the bus to a white man. Her single act of defiance and refusal to accept the status quo led to the 381-day Montgomery bus boycott and eventually to the desegregation of Montgomery, Alabama. However, Rosa Parks' courageous act meant much more. It inspired a broader movement that struggled and pushed back against a Nation that had failed to keep its promise to all its citizens to promote equality, justice, and fairness under the laws. It paved the way for this Nation to hold unacceptable the injustices and disparate treatment experienced by many of its citizens. Rosa Parks' courage helped restore to all citizens the dignity and respect that every person deserves. Her single act of courage will forever serve as a constant reminder of the true meaning of equal protection under the laws and the responsibility of each of us to stand up to inequality and injustice. Rosa Parks is an inspiration to all of us and is a reflection of what it means to be an American. I encourage my colleagues to join me in recognizing Rosa Parks and her important contribution toward helping America realize the freedom and equality envisioned by our Constitution. Mr. Speaker, I reserve the balance of my time.