Howard Berman

Mr. BERMAN

Mr. BERMAN. Madam Speaker, I thank the gentleman from Nebraska for yielding me this time. I will not repeat many of the comments of my colleagues talking about specific aspects of Doug's really quite incredible Congressional career. We all in this body have good days and bad days, and one of the really bad days for me was awakening to learn that, I think I was in California then, that Congressman Bereuter of Nebraska had decided to retire at the end of this term, that somebody as essential to the work that I was interested in, particularly in international relations, who conducted himself in such a professional and thoughtful way, whose approach to every issue, sort of he had his philosophy and he had his values, but essentially it was a very meticulous, merit-based analysis of issues and what made the most sense, and he constantly stood firm and steadfast for the conclusions he had reached through that kind of an analysis. He did not pigeon-hole issues. He looked at each one fresh and came to terms with the merits after a great deal of thought and analysis. One of the good days in this institution was the day when I learned he was going to seek and then get the presidency of the Asia Foundation, a very important organization doing very important work on the rule of law, human rights, and democracy in Asia and that part of the world, from Afghanistan to Indonesia, critical countries, large, important countries, and that Doug would be devoting his professional career now to this. And I certainly wish him and Louise, whom I am also very fond of, great success. They will do an organization that has already made an excellent name for itself a great service by giving their efforts to that organization. For me, what some of us over here view as the national tragedy of the 1994 elections, which shifted the majority control to the other party and all of the drama that surrounded that for those of us who had enjoyed being in the majority and all that went with that status, I got a consolation prize that I think a lot of my Democratic colleagues did not get, because I went from being a chairman of a subcommittee on the Committee on International Relations to being a ranking member of a subcommittee, the Asia subcommittee, which Doug Bereuter was the chairman of. And in the 4 years that I was ranking and that he was chair of that committee, I cannot remember a single issue where I left any meeting, any markup, any hearing without the greatest respect for his intellect, for his commitment, for his willingness to work on a bipartisan way, for the approach which I think is an important one that has been not always observed as well as it should be, but a tradition that in this body politics ends at the water's edge. And this is a gentleman who would never hesitate to work with the minority party or with minority Members that were willing to work with him in pursuit of what he saw as the national interest. He had a number of different accomplishments; many of them have been touched on. The one that I did not hear mentioned, he played a very key role in drafting the Hong Kong Policy Act, which placed the issue of Hong Kong's continuing autonomy after the handover front and center in terms of our relationship with China. He did incredible work in terms of trying to deal with the human rights issue in the context of MFN status for China. Over and over again, I could take more than enough time as allotted talking about specific issues and specific accomplishments. I am only sorry that I did not get to serve on the Committee on International Relations with him as chairman or, even better, with him as ranking member of that particular committee. I know he would have done a wonderful job, but I look forward to continuing to see him and Louise and to work with him at the time when it is appropriate on issues that the Asia Foundation will be engaged in, which will be issues that are very much in our national interest. Madam Speaker, I thank the gentleman for yielding and for conducting this Special Order.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I was unavoidably detained and unable to cast several rollcall votes. Had I been present, I would have voted ``no'' on rollcall No. 286, ``no'' on rollcall No. 287, ``yes'' on rollcall No. 288, ``yes'' on rollcall No. 289, and ``yes'' on rollcall No. 290.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise today to pay tribute to Sergeant Major Ralph Guerrero Jr. who on June 24, 1974, enlisted in the United States Marines Corps and will officially retire today after 30 years of honorable and distinguished service. Sergeant Major Guerrero leaves the Marines Corps as one of the most respected and accomplished member of our armed forces. A native of San Fernando, California, Sergeant Major Guerrero was born on July 14th 1956, and graduated from San Fernando High School in June 1974. Sergeant Major Guerrero and his wife Silvia P. Gomez have a son, Ralph III, and a daughter, Chyenne. Sergeant Major Guerrero is the quintessential local success story. After he graduated from the Marine Corps Recruit Depot, San Diego, CA and completed Infantry Training School at Camp Pendleton, CA, Sergeant Major Guerrero embarked on a successful Marine Corps career. From his participation in the evacuation of South Vietnam and Cambodia; to his amphibious reconnaissance training; to his. assignment to Marine Corps Recruit Depot San Diego California, where he served as a Drill Instructor, Senior Drill Instructor, Chief Drill Instructor and was meritoriously promoted to Gunnery Sergeant; Sergeant Major Guerrero has proven himself a critical team player. Sergeant Major Guerrero's leadership and expertise were vital to the Marine Corps during his deployment to El Salvador as an Advisor to a Battalion of Salvadorian Marines. During his subsequent deployments, including: Operation Desert Shield, Operation Desert Storm, Operation Sea Angel, Operation Restore Hope, Operation Noble Eagle and his visits to Marines in Afghanistan and Uzbekistan in support of Operation Enduring Freedom his contributions were invaluable. His exemplary leadership skills proved critical to the Marine Corps during his tour of duty at Headquarters Battalion, Headquarters Marine Corps, where he served as the Command and the Military District of Washington Sergeant Major. During this tour, Sergeant Major Guerrero was a member of the FY99 E-8/E-9 selection board, Chairman Senior Enlisted Advisory Community for USO, a member of the Board of Director's for USO and Navy Marine Corps Relief Society, and a member of the Foreign Joint Services NonCommissioned Officer Associations. In July 1999, Sergeant Major Guerrero was assigned to a Major Marine Corps command, as the Sergeant Major for Marine Corps Air Station, Iwakuni Japan. In 2001, he was assigned as the Sergeant Major for the 1st Marine Aircraft Wing. These important assignments were evidence of the great respect and trust he had earned. Sergeant Major Guerrero is deservedly highly decorated. He has earned the Legion of Merit, the Meritorious Service Medal with 2 Gold Stars in lieu of 3rd Award, the Navy Achievement Medal with Gold Star in lieu of 2nd Award, the Presidential Unit Citation, the Combat Action Ribbon with 4 gold stars in lieu of 5th Award, the Korean Defense Service Medal, the Military Outstanding Volunteer Service Medal with Bronze Star in lieu of 2nd Award, the Vietnam Service Medal with bronze star in lieu of 2nd award, the Southwest Asia Service Medal with 3 bronze stars in lieu of 4th award, the Kuwaiti Liberation Medal and various Unit Awards. Sergeant Major Guerrero has worked to raise the public's awareness of the many contributions the military makes to the local community. He has also committed himself to working with schools to help increase appreciation for our armed forces among school children. It is my distinct pleasure to ask my colleagues to join me in saluting Sergeant Major Guerrero for his distinguished 30 years of service to country, to congratulate him on his retirement and to wish him the very best in the years ahead.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I was unavoidably detained and unable to cast a number of rollcall votes. Had I been present, I would have voted ``no'' on rollcall No. 293, ``yes'' on rollcall No. 294, ``yes'' on rollcall No. 295, ``yes'' on rollcall No. 296, ``yes'' on rollcall No. 299, ``yes'' on rollcall No. 300, ``yes'' on rollcall No. 301, ``no'' on rollcall No. 302, ``no'' on rollcall No. 303, and ``yes'' on rollcall No. 304.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker I was unavoidably detained and unable to cast a number of rollcall votes. Had I been present, I would have voted ``no'' on rollcall No. 279, ``no'' on rollcall No. 280, ``yes'' on rollcall No. 281, ``yes'' on rollcall No. 282, ``yes'' on rollcall No. 283, ``yes'' on rollcall No. 284 and ``yes'' on rollcall No. 285.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise today to pay tribute to Lieutenant Colonel Geffrey L. Cooper, the Commanding Officer of the 2nd Battalion, 23rd Marines, for his extraordinary leadership and bravery in action against enemy forces. He has shown strength and courage throughout his many years of heroic service with the United States Marine Corps. A native of Aurora, Illinois, Lt. Col. Geffrey L. Cooper is married to June Madsen, and is the father of three daughters, Jennifer, Jessica, and Jacalyn. He graduated from the Marine Corps Recruit Depot in San Diego in November, 1973, and has since had a long and successful military career. In 1980, Lt. Col. Cooper was commissioned as Second Lieutenant upon his graduation from St. Cloud State University in Minnesota. In 1980, he was also assigned to 2nd Battalion, 7th Marine Regiment and served as an infantry platoon commander. He was appointed to Infantry Training School at Camp Pendleton, and served as Assistant Officer in Charge from 1983-1986. In 1986, he was assigned as Commanding Officer of Company B, 3rd Light Armored Vehicle Battalion. Lt. Col. Cooper proved to be a strong leader as the Operations Officer for Headquarters Battalion, 3rd Marine Division, and as Commanding Officer, Headquarters Company, 4th Marine Regiment, Okinawa, Japan. After leaving active duty in 1992, he joined the Individual Mobilization Detachment, Tactical Training Evaluation Control Group (IMADET). He served as the head IMADET representative for more than 75 combined arms exercises. In 2003, he was again activated and assumed command of 2nd Battalion, 23rd Marine Regiment in support of Operation Noble Eagle at Camp Pendleton. Lt. Col. Cooper, along with the entire 2nd Battalion, 23rd Marines, was activated on February 23, 2002, and was deployed in February 2003. Nine hundred members of this Marine Forces Reserve Unit, combined with the I Marine Expeditionary Force (MEF), conducted the longest series of synchronized combined arms and overland attacks in the history of the Marine Corps. The 800 kilometer advance, which began at the border between Kuwait and Iraq, experienced heavy combat with continued hostilities to the North of Baghdad. The combined combat force successfully destroyed nine Iraqi Divisions. The battlefield swiftness of the I MEF during its campaign was unmatched by any force to date. The success of the operation was due to valiant efforts of men and women such as Lt. Col. Cooper. Lt. Col. Cooper's many accomplishments are indicated by his many decorations, which include: Navy Marine Corps Medal, Meritorious Service Medal, Navy Achievement Medal with gold star in lieu of second award, Combat Action Ribbon, and the Good Conduct Medal. Mr. Speaker and distinguished colleagues, please join me in saluting Lt. Col. Cooper's exceptional leadership in the 2nd Battalion, 23rd Marine Regiment. Also, I ask you to join me in wishing future success to Lt. Col. Geffrey L. Cooper at his new Command, the 1st Marine Division, Camp Pendelton.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise today to pay tribute to Wynne Bright, a remarkable woman from my Congressional District who was chosen as the 2004 California Mother of the Year. She earned this recognition for her lifelong dedication and unconditional love and support to her family, and for her many outstanding contributions to our community. Wynne was born on August 25, 1923 in Los Angeles, CA. She graduated from Los Angeles High School in 1940, and despite being offered numerous scholarships to attend college, she stayed home to help take care of her ill father. Later, Wynne received an Associate Degree from Los Angeles City College. In 1943, Wynne married Herbert C. Bright. Herbert graduated from the University of California, Los Angeles and served as a lieutenant in the Air Force during World War II. During the war, Wynne worked for the American Red Cross, helped start a nursery and preschool at Langley Field, and visited with parents who had lost children in the war. Wynne gave birth to her first child, James, in 1949. James graduated from the University of Southern California with a degree in geology. Afterwards, he graduated from Loyola Law School. Wynne's second child, Cheryl Lee, was born in 1955. Cheryl Lee graduated from California State University Northridge and served as an executive at ARCO for many years. Richard, her youngest child, was born in 1962 and graduated from the University of Southern California. He is the Vice President of Ellis Reality. Wynne has five grandchildren: MacKenzie, Jennifer Ann, Ryan, Taylor, and Christopher. Wynne's children are very proud of their mother and attribute their sense of self-worth, desire to achieve, and moral values to her good influence. She taught them that real success comes hand-in-hand with moral values, and that happiness comes from within. Their love of learning is a direct result of their mother's belief in the importance of education. In addition to being a lifelong teacher to her children, Wynne has made extraordinary contributions to her community. For example, she is involved in the Studio City Residents' Association, is a volunteer at her PTA, is actively involved in the North Hollywood Junior Women's Club, and plays organ at her church. Women like Wynne Bright give strength and joy to our communities, and I ask my colleagues to join me in saluting and honoring her for all of her outstanding accomplishments, and her exemplary commitment to family and community.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise today to pay tribute to Lieutenant Colonel Geffrey L. Cooper, the Commanding Officer of the 2nd Battalion, 23rd Marines, for his extraordinary leadership and bravery in action against enemy forces. He has shown strength and courage throughout his many years of heroic service with the United States Marine Corps. A native of Aurora, Illinois, Lt. Col. Geffrey L. Cooper is married to June Madsen, and is the father of three daughters, Jennifer, Jessica and Jacalyn. He graduated from the Marine Corps Recruit Depot in San Diego in November, 1973 and has since had a long and successful military career. In 1980, Lt. Col. Cooper was commissioned as Second Lieutenant upon his graduation from St. Cloud State University in Minnesota. In 1980, he was also assigned to 2nd Battalion, 7th Marine Regiment and served as an infantry platoon commander. He was appointed to Infantry Training School at Camp Pendleton, and served as Assistant Officer in Charge from 1983-1986. In 1986, he was assigned as Commanding Officer of Company B, 3rd Light Armored Vehicle Battalion. Lt. Col. Cooper proved to be a strong leader as the Operations Officer for Headquarters Battalion, 3rd Marine Division, and as Commanding Officer, Headquarters Company, 4th Marine Regiment, Okinawa, Japan. After leaving active duty in 1992, he joined the Individual Mobilization Detachment, Tactical Training Evaluation Control Group (IMADET). He served as the head IMADET representative for more than 75 combined arms exercises. In 2003, he was again activated and assumed command of 2nd Battalion, 23rd Marines Regiment in support of Operation Noble Eagle at Camp Pendleton. Lt. Col. Cooper, along with the entire 2nd Battalion, 23rd Marines, was activated on February 23, 2002 and was deployed in February 2003. Nine hundred members of this Marine Forces Reserve Unit, combined with the I Marine Expeditionary Force (MEF), conducted the longest series of synchronized combined arms and overland attacks in the history of the Marine Corps. The 800 kilometer advance, which began at the border between Kuwait and Iraq, experienced heavy combat with continued hostilities to the North of Baghdad. The combined combat force successfully destroyed nine Iraqi Divisions. The battlefield swiftness of the I MEF during its campaign was unmatched by any force to date. The success of the operation was due to valiant efforts of men and women such as Lt. Col. Cooper. Lt. Col. Cooper's many accomplishments are indicated by his many decorations, which include: Navy Marine Corps Medal, Meritorious Service Medal, Navy Achievement Medal with gold star in lieu of second award, Combat Action Ribbon and the Good Conduct Medal. Mr. Speaker and distinguished colleagues, please join me in saluting Lt. Col. Cooper's exceptional leadership in the 2nd Battalion, 23rd Marine Regiment. Also, I ask you to join me in wishing future success to Lt. Col. Geffrey L. Cooper at his new Command, the 1st Marine Division, Camp Pendleton.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I was unavoidably detained and unable to cast a number of rollcall votes. Had I been present, I would have voted ``yes'' on the Roybal-Allard amendment (rollcall No. 269), ``no'' on the Tancredo amendment (rollcall No. 270), ``yes'' on the Maloney/ Rangel amendment (rollcall No. 271), ``yes'' on the Sabo amendment (rollcall No. 272) and ``yes'' on final passage of the Homeland Security Appropriations bill (rollcall No. 275).

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, today I am joined by my colleague Bill Delahunt (D-MA) in introducing the Civil Liberties Restoration Act. Two and a half years ago, following the attacks of September 11, the Attorney General asked Congress for a long list of new powers he felt were necessary to protect the United States from future terrorist attacks. Six weeks later, Congress granted those powers in the USA PATRIOT Act. I voted for the PATRIOT Act in 2001 because I felt that a number of its provisions provided essential tools to fight terrorism. I did so expecting that Congress would undertake diligent oversight of the Attorney General's use of the tools we provided. Unfortunately, that has not been the case. The Civil Liberties Restoration Act (CLRA) is our effort to return oversight to our legal system and restore the kind of checks and balances that are the foundation of our government. Since we enacted the PATRIOT Act almost three years ago, there has been tremendous public debate about its breadth and implications on due process and privacy. I do believe that there are some misperceptions about the law and its effects, but I also believe that many of the concerns raised are legitimate and worthy of review by Congress. The CLRA does not repeal any part of the PATRIOT Act, nor does it in any way impede the ability of agencies to share information. Instead, it inserts safeguards in a number of PATRIOT provisions. The bill addresses two pieces of the PATRIOT Act in particular. First, it ensures that when the Attorney General asks a business or a library for personal records, he must be targeting an agent of a foreign power. Second, the bill would make clear that evidence gained in secret searches under the Foreign Intelligence Surveillance Act (FISA) cannot be used against a defendant in a criminal proceeding without providing, at the very least, a summary of that evidence to the defendant's lawyers. One of my biggest concerns when we passed the PATRIOT Act was that the changes we made in FISA would encourage law enforcement to circumvent the protections of the 4th Amendment by conducting searches for criminal investigations through FISA authority rather than establishing probable cause. This provision in the CLRA does not take away any of the powers we provided in the PATRIOT Act. It simply requires that if the government wants to bring the fruits of a secret search into a criminal courtroom it must share the information with the defendant under existing special procedures for classified information. The Civil Liberties Restoration Act deals with more than the PATRIOT Act. It also addresses a number of unilateral policy actions taken by Attorney General Ashcroft both before and after enactment of the PATRIOT Act without consultation with or input from the Congress. For example, the Administration has undertaken the ``mining'' of data from public and non-public databases. Left unchecked, the use of these mining technologies threatens the privacy of every American. The CLRA requires that any federal agency that initiates a data-mining program must report to Congress within 90 days so that the privacy implications of that program can be monitored. The Attorney General unilaterally instituted a number of policies dealing with detention of noncitizens that we address. For example, the AG ordered blanket closure of immigration court hearings and prolonged detention of individuals without charges. The CLRA would permit those court hearings to be closed to protect national security on a case by- case basis and requires that individuals be charged within 48 hours, unless they are certified as a threat to national security by the AG as mandated under the Patriot Act. The CLRA also addresses the special tracking program (known as NSEERS) created by the Attorney General, which requires men aged 16 and over from certain countries to be fingerprinted, photographed and interrogated for no specific cause. This program creates a culture of fear and suspicion in immigrant communities that discourages cooperation with antiterrorism efforts. The CLRA terminates this program and provides a process by which those individuals unjustly detained could proceed with interrupted immigration petitions. This is the only provision of the CLRA that eliminates a program outright, but this program has already been partially repealed by the Department of Homeland Security and largely replaced by the US VISIT system. When I voted for the PATRIOT Act, I understood that my vote carried with it a duty to undertake active oversight of the powers granted by the bill and carefully monitor their use. Congress should continue to examine whether the policies pursued by the Attorney General are the most effective methods to protect our nation from terrorists, whether they represent an efficient allocation of our homeland security resources, and whether they are consistent with the foundations of our democracy. It is my hope that we will enjoy an active debate on these issues and this legislation.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise today to ask my colleagues to join in saluting my friend, Judge Bruce Einhorn, Chair of the Pacific Southwest Regional Board of the Anti-Defamation League (ADL). He is a remarkable man whose accomplishments are legion. During Judge Einhorn's tenure as Regional Chair, the organization pressed law enforcement authorities for vigorous application of appropriate hate crimes laws, and successfully opposed the deceptively named ``Racial Privacy Initiative.'' He helped the ADL prevent the spread of hatred and intolerance through the creation of new and ongoing programs designed to fight the defamation of the Jewish people and ensure justice and fair treatment for all. He also served as Chair of the ADL's San Fernando, Conejo and Antelope Valley Boards. He is presently an ADL National Commissioner and is a member of both the League's Executive Committee for the Pacific Southwest Region and its Latino-Jewish Round Table. Also, he is a founding member of both the U.S. Holocaust Memorial Museum in Washington, DC and the Museum of Tolerance in West Los Angeles. In addition to his work with non-profits, Judge Einhorn has developed an impressive legal career. He is a well-respected Los Angeles U.S. Immigration Judge. He also serves as Adjunct Professor of International Human Rights Law and War Crimes Studies at Pepperdine University's School of Law, where he received the 1997 David W. McKibbin Excellence in Teaching Award. For 11 years, Judge Einhorn served as a trial attorney and later as a Deputy Director and Litigation Chief for the U.S. Justice Department's Office of Special Investigations, the agency responsible for seeking the identification and prosecution of Nazi war criminals residing illegally in the United States. Judge Einhorn's commitment to civil rights, justice and tolerance for all people has been repeatedly recognized. He is the proud recipient of the U.S. Attorney General's Special Commendation Award and the State of Israel Bonds Lifetime Professional Achievement Award. In October 1999, in the presence of President Bill Clinton, he also received the Ginsberg Prize for Leadership in Civil Rights from the Anti-Defamation League at its National Commission Convention in Atlanta, Georgia. Please join me in honoring Judge Bruce Einhorn and thanking him for his outstanding contributions to our community and for his steadfast commitment to the ADL's critical mission.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise today to salute my good friends Harlan and Jeff Lee at The Lee Group and Joseph T. Edmiston, Executive Director, of the Santa Monica Mountains Conservancy, who are being honored by the Westside Urban Forum on June 11, 2004. Harland and Jeff Lee are receiving the Westside Prize for successfully creating liveable urban communities in urban Los Angeles while protecting the neighborhoods and the environment. The Lee Group has been one of the premier real estate development companies and market leaders in Southern California for the past six decades. I have known first hand of their good work for many years. The Lee Group is at the forefront of the ``Smart Growth'' movement that seeks to link jobs, housing, and economic development in compact, livable environments to revitalize urban areas and preserve open space. Their projects serve as models for future development. They address housing needs, offer affordable ownership and provide senior and disabled rental housing without sacrificing aesthetics and financial feasibility. For many years Harlan and Jeff have been recognized for their great vision, their social consciousness and their excellent taste. They have received many well deserved accolades. In 1998, they were selected by the White House Office of Science and Technology Policy to participate in Partnership for Advancing Technology in Housing (PATH), a new housing initiative by President Clinton. On May 4, 1998, President Clinton attended the ground breaking for Village Green, a project of The Lee Group, to announce the national kickoff for the PATH program and designate Village Green as the first national PATH pilot site. The first Westside Legacy Award is being presented to Joseph Edmiston and the Santa Monica Mountains Conservancy (SMMC). His extraordinary vision and success has helped preserve, protect, restore and enhance significant open spaces in Southern California. I have known and worked with Joe for over two decades and am pleased he has been chosen to receive this award. He helped enact the Santa Monica Comprehensive Plan which enabled me to introduce state legislation establishing the Santa Monica Mountains Conservancy in 1979. For the past twenty-four years, Joe, the staff, the board and volunteers of the SMMC have saved over 55,000 acres of land for public use. The SMMC has reclaimed land in Los Angeles' urban areas for innovative park use. I ask my colleagues to join me in paying tribute to my good friends and distinguished individuals, Harlan and Jeff Lee and Joe Edmiston for their outstanding contributions to our community.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, ninety years ago this month, President Woodrow Wilson stood in the Brooklyn Navy Yard and said of America's fallen soldiers: ``We are expected to put the utmost energy, of every power that we have, into the service of our fellow men, never sparing ourselves, not condescending to think of what is going to happen to ourselves, but ready, if need be, to go to the utter length of self- sacrifice.'' Today, American troops are again in harm's way risking their lives in defense of freedom and democracy. In Afghanistan and Iraq, we are confronting forces opposed to these values. They represent the darkness of oppression, fanaticism and fear. But America--led by its troops-- will prevail. To those brave men and women who have given their lives in this pursuit, I join my colleagues in recognizing their noble sacrifice.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, Mr. Waxman and I rise today to pay tribute to Dena Schechter, a good friend and wonderful person. Dena is being honored by the University of Judaism (UJ) at its annual dinner on May 20, 2004, for her leadership in Jewish education and her many outstanding contributions to worthy causes. The UJ is one of the leading institutions of higher education in our community. It maintains a proud tradition of academic excellence and a progressive viewpoint. Dena shares the University's intellectual and spiritual vision--maintaining Judaism's traditional beliefs and values in a way that is relevant to our increasingly complex and modern world. In 1947, Dena's grandparents helped found the University. In the late 1950s, her grandparents endowed the University's first public lecture series. Throughout the years, Dena has continue her family's dedication and support for the UJ, serving on the Board of Directors and for the last five years as Chair. Under Dena's leadership the UJ'S College of Arts and Science, the Ziegler School of Business and the Fingerhut School of Education have seen tremendous growth and development. Dena has helped underwrite an innovative community service component to the UJ's undergraduate curriculum. In addition, she helped establish the Sid Levine Service Learning Program--a feature in UJ's College of Arts and Sciences that emphasizes the critical nature of community service. To know Dena is to be greatly blessed. She is the sister of our good friend and former colleague, Mel Levine and we feel extremely fortunate to know her personally. We are inspired by her belief that ``participation in the community is not something you choose but something you are obligated to do.'' In addition to her contributions to the UJ, she actively works on behalf of the Federation Family and Jewish Family Services. A native of Los Angeles and a graduate of UCLA with a degree in Philosophy, Dena successfully balances family, a career in business and a strong commitment to community service. She is married to Irving Schechter and is the mother of four. Mr. Speaker, distinguished colleagues, we ask you to join us in saluting Dena Schechter and congratulating her upon receiving this richly deserved honor.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise today to pay tribute to a good friend and remarkable man, Marc M. Seltzer, who is being honored on May 13th at ORT's 2004 Jurisprudence Award Dinner. Marc has made outstanding contributions in the legal field, has written extensively, and is a widely recognized expert on especially complex litigation. Marc is a native Californian, who received his bachelor's degree from the University of California at Berkeley and his law degree from UCLA. Upon graduating from law school, he became a Deputy Attorney General for the State of California. After several years, he went into private practice and ultimately joined Jack Corinblit and Martin Shapero, forming the firm Corinblit, Shapero, and Seltzer, which later became Corinblit and Seltzer. They blazed an impressive legal trail which included a massive equity funding securities litigation case. Marc also served as the sole lead counsel for the plaintiff in one of the largest and most elaborate west coast securities fraud cases--the ZZZZ Best securities fraud case. In 1998, Jack Corinblit retired and Marc joined forces with long-time friends and colleagues to become the resident managing partner of the newly opened Los Angeles office of Susman Godfrey L.L.P. In only a few years, the office became one of the leading litigation firms in Los Angeles. In addition to his extensive legal accomplishments, Marc has served in a plethora of civic and professional organizations. He served as President of the Legal Aid Foundation of Los Angeles in 2002 and is currently the Vice President of the Ninth Judicial Circuit Historical Society. He is also vice chairman of the Executive Committee of the Antitrust and Unfair Competition Law Section of the State Bar of California; a member of the Board of Directors of the National Equal Justice Library; and a trustee of the Lawyers Committee for Civil Rights Under Law. He has also served as chairman of the Dean's Circle at UCLA School of Law. Marc is married to the Honorable Christina A. Snyder, United States District Judge for the Central District of California. Together, this distinguished couple has given unstintingly of their time and resources to improve their profession and their community. Mr. Speaker and distinguished colleagues, I ask you to join me in saluting Marc M. Seltzer and congratulating him as he receives this richly deserved honor.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise to pay tribute to three generations of the Abelson/Lasker families and Dr. Emil and Mrs. Erika Jacoby. All of these remarkable people will be honored at a special Adat Ari El dinner on May 16, 2004, appropriately themed, ``A Vision for Generations.'' Irv and Marcia Abelson, their children, and now their grandchildren have assumed key leadership positions and worked hard to build, support and improve Adat An El and the Jewish community. They have also provided critical support for a myriad of Jewish institutions both in Los Angeles and around the world, including Camp Ramah, the University of Judaism (UJ), the New Community Jewish High School, L.A. Hebrew High School, Heschel Day School, the Jewish Theological Seminary, the Women's League for Conservative Judaism, the Masorti Foundation for Conservative Judaism in Israel and the Bureau of Jewish Education. Both Marcia and Irv have proven to be an indispensable part of the Adat Ari El community in so many ways. In addition to serving as Adat Ari El's Sisterhood President, Marcia worked with members of the Torah Fund for the Jewish Theological Seminary and the UJ. Their daughter Jill was the second woman to ever become President of Adat Ari El. She was Vice President and Chairperson at the University of Judaism and served on various UJ committees for many years. Her husband, Marty Lasker, blows shofar--not an easy task--every year for the High Holy Days. He serves on several important Boards for organizations such as the New Community Jewish High School, Hebrew High School and Adat Ari El. My family and I are proud to call ourselves neighbors and friends of Jill and Marty. The Laskers' children, Zachary and Jodi, continue in their parents' and grandparents' tradition of involvement and service. Zachary starred in several United Synagogue Youth (USY) plays and was President of the USY Chapter while in high school. Jodi worked at the Temple and was a USY Director during high school. Zachary has a masters degree in education from the UJ and Jodi holds an MBA and masters degree in education from the University. Both Zachary and Jodi have worked at Camp Ramah in California for many years in a variety of leadership positions. Currently Zachary is the assistant director for the camp and Jodi teaches at the Heschel Middle School in Northridge. The Humanitarian Award recipients, Emil and Erika Jacoby, have also made invaluable contributions to Adat Ari El and are role models for all of us. Dr. Emil Jacoby worked in the Underground during WWII to help save Jews in Nazi-occupied countries. After the war he helped relocate displaced Jews to Israel. For many years he headed the Temple's religious school and served as Head of the Bureau of Jewish Education. He has a doctorate in education from the Jewish Theological Seminary, and was director of education for 16 years at Camp Ramah during the summer months and was also an adjunct professor at the Teachers Institute at the UJ. Erika Jacoby taught in Adat Ari El's nursery school and served on many synagogue committees. She chaired the Holocaust Remembrance Committee which resulted in the dedication of a Holocaust Memorial Pillar. Erika also gives generously of her time and energy to speak with school children about her experience as a Holocaust survivor. Mr. Speaker, I ask my distinguished colleagues to join me in saluting these incredibly accomplished and impressive people who have demonstrated an outstanding commitment to Adat Ari El and a longtime commitment to public service.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, Iran has repeatedly denied that it is trying to develop nuclear weapons. But it is increasingly difficult to conceive of any other plausible explanation for its efforts to enrich uranium and develop other nuclear-related capabilities. And even harder to understand why else it would try so hard to conceal these activities from the international community. As reported by the International Atomic Energy Agency, Iran has failed time and time again to comply with its obligations under the Nuclear Nonproliferation Treaty. It has also failed to provide a full disclosure of all nuclear activities to the IAEA, and engaged in a pattern of lies and deception. Since Iran's covert nuclear program was exposed to the world in February 2003, IAEA inspectors have found traces of highly enriched uranium, discovered that Iran had reprocessed a small amount of plutonium, and forced Iranian officials to reveal critical information about advanced centrifuge designs and components. These and other revelations about Iran's nuclear program are even more troubling in light of Iran's extensive ties to international terrorist organizations. According to the just-released State Department report on Patterns of Global Terrorism, ``Iran remained the most active state sponsor of terrorism in 2003.'' The report notes that some members of al-Qaeda ``have found virtual safehaven'' in Iran, while Iranian authorities continue to provide Hezbollah, Hamas, Palestinian Islamic Jihad and other radical terrorist organizations with ``funding, safehaven, training, and weapons.'' Iran also continues an aggressive program to develop ballistic missiles. According to the Congressional Research Service, Iran has hundreds of short-range missiles, and possibly 10-20 long-range Shahab- 3 missiles, which may be capable of carrying a nuclear warhead. Mr. Speaker, Iran has absolutely no need for a nuclear deterrent. Over the last two and a half years, we have taken care of Iran's only two enemies--the Taliban and Saddam Hussein. Nor does Iran--with 7 percent of the world's proven oil reserves and the second largest natural gas reserves on the planet--have a demonstrated need for civilian nuclear power. We must continue to make it clear--to our European allies, who have generally favored a more conciliatory approach to Iran--and to the unelected rulers in Tehran, who continue to lead the Iranian people down this perilous path--that we will not sit idly by and allow Iran to become a nuclear weapons state. This resolution is an important part of that effort, and I urge its adoption.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise today to pay tribute to Dr. Tyree Weider who is celebrating her 10th anniversary as President of Los Angeles Valley College. She is a remarkable woman whose accomplishments are extraordinary. Dr. Weider was raised in South Central Los Angeles. She attended local public schools and began her career path as a student at Compton Community College. She completed her Bachelor's degree in sociology at California State University Northridge and earned a Master's degree in Educational Psychology. A few years later, she received her Doctorate degree in Higher Education Administration from the University of California Los Angeles. Early in her career, Dr. Weider worked as an Employment Counselor for the State Employment Service in Compton, South Central Los Angeles, and Pacoima. She also worked as a therapist in adult outpatient mental health. She then moved to Los Angeles Mission College to serve as Dean of Student Affairs and was later appointed Dean of Academic Affairs. She was then selected as the Director of Educational Programs for the Los Angeles Community College District. In 1989, she began working at Los Angeles Valley College as the Vice President of Academic Affairs. In 1995, Dr. Weider became the President of the College. Since becoming President, Dr. Weider has taken significant steps to revitalize the campus to benefit students and the community at large. Under her guidance, the college has begun developing plans for the construction of five new educational buildings and major renovations to several campus facilities. Dr. Weider has also forged innovative partnerships with various businesses and organizations in the community to provide students an opportunity to perform community outreach and become involved in public service. Over the years, Dr. Weider has proven to be a tireless leader for numerous community-based agencies and organizations. For example, she is currently a member of the California Community College CEO Board of Directors and a member of the advisory committee of the Auto Club of Southern California. She has also served on the Board of Directors for Northridge Hospital Medical Center, Universal City Tomorrow, the Economic Alliance of the San Fernando Valley, Catholic Healthcare West and Temple Ahavat Shalom. Dr. Weider's hard work and leadership deserves acknowledgement. Recently she received the 2004 Pioneer Women Award. In March 2002, she was recognized as one of the most outstanding residents in the San Fernando Valley. In 1998, the Speaker of the Assembly bestowed upon her the San Fernando Valley's Woman of the Year Award. Her achievements are legion and recognition is well deserved. Mr. Speaker, I ask my colleagues to join me in honoring and congratulating Dr. Weider for all of her wonderful accomplishments and her unyielding commitment to education and public service.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise today to speak about an important and timely issue: the right of the people of Taiwan to hold a democratic referendum. Only 20 years ago, Taiwan was ruled by an authoritarian dictatorship under martial law. Today, it is a flourishing, multiparty democracy that holds competitive elections, respects human rights and upholds the rule of law. It is also our close friend and ally. On March 20, Taiwan will hold its third Presidential election. That same day, the Taiwanese people will vote on two referenda related to Taiwan's self-defense. Some argue the U.S. should oppose these votes because they will needlessly antagonize China. I disagree. While it is important for the U.S. to have China's cooperation on a number of issues, our foreign policy should not be based on trying to avoid making China angry--that would be tantamount to giving them veto power over our actions. Rather, our policy should be guided by U.S. national interests, which undeniably include the promotion and support of democracy in every corner of the globe. What kind of message would it send to those courageous individuals struggling for democracy in Asia, Africa, the Middle East and other parts of the world if we tell the people of Taiwan that they should refrain from exercising their hard-won right to cast a ballot on key issues of the day? With all due respect to China, this is not about Taiwanese independence. This is not a ``provocation.'' This is about the peaceful exercise of the purest form of democracy. I strongly support Taiwan's right to hold these referenda, free from intimidation, and I urge all my colleagues to do the same.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I yield such time as she may consume to the gentlewoman from California (Ms. Lofgren).

Mr. BERMAN. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 2391, the CREATE Act, and ask my colleagues to support it as well. The CREATE Act is a rare legislative achievement: It is a truly noncontroversial patent bill. It has achieved this unique status because it is the product of exhaustive discussion, negotiation, and redrafting at both the intellectual property subcommittee and the full Committee on the Judiciary levels. The CREATE Act effectively overturns the Federal court's decision in OddzON Products v. Just Toys. The OddzON decision held that certain prior art can be used to dismiss a patent application as obvious, one cannot patent the obvious, even if that prior art was confidential, shared among consenting parties or undocumented. In layman's terms, the OddzON decision means that research collaborations between different institutions may preclude patents arising from that joint research. As a result of its holding, the OddzON decision threatens to chill informal inter-institutional research collaborations. These are just the sort of research collaborations that are increasingly important in today's complex resource constrained research environment. Even more troubling, these sorts of research collaborations disproportionately involve research universities and nonprofit institutions which do not have the same flexibility as private institutions to engage in other research arrangements. Research collaborations contribute greatly to the U.S. economy. More importantly, they may be the key to curing many life-threatening diseases. Research collaborations are an important part of the technology transfer between universities, nonprofit institutions, and private companies that result in an estimated $40 billion of economic activity each year and support some 270,000 jobs. Similarly collaborations between Federal laboratories and other entities have resulted in an estimated 5,000 research agreements signed since 1986. There is no question that Congress should foster an environment in which researchers have the freedom, opportunity and incentive to collaboratively develop inventions and new ideas. By overturning the OddzON decision, the CREATE Act will remove a substantial roadblock to achieving this goal. The CREATE Act underwent substantial revisions to adjust relevant concerns. The version before us today constitutes a real improvement over H.R. 2391 as introduced. It has the support of the university community, the patent bar, the biotech industry, patent holders, and all other interested parties of which I am aware, and I want to express my appreciation to the gentleman from Texas (Chairman Smith) for working so closely with us in drafting and redrafting the CREATE Act. I ask my colleagues to vote in favor of this important bill. Mr. Speaker, I reserve the balance of my time.

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

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 2714, the State Justice Institute Reauthorization Act. As the title indicates, H.R. 2714 reauthorizes the State Justice Institute, SJI. Reauthorization is necessary because Congress last enacted an SJI authorization bill in 1992 for a 4-year authorization period that expired in fiscal year 1996. While the Committee on Appropriations has continued to appropriate $7 million annually for SJI, Congress should also ensure that SJI has the necessary authorization to perform its important work. Congress created the SJI in 1984 to provide funds to improve the quality of justice in State courts. Congress also directed the SJI to facilitate enhanced coordination between State and Federal courts and develop solutions to common problems faced by all courts. It appears that the SJI has made considerable progress in pursuit of these objectives. Since becoming operational in 1987, the institute has awarded more than $125 million in grants to support over 1,000 projects. Another $40 million in matching requirements has been generated from other public and private funding sources. SJI is necessary because State court judges and other advocates have historically been weak at restoring resources, especially at the Federal level, from the Department of Justice. Most of the resources they receive at the State level are devoted for personnel and courthouse construction and maintenance, not the educational programs that SJI provides. About one-third of all SJI grants are devoted to educating State judges on how to improve the operations of their courts. The remaining grants are devoted to technology projects such as systems to improve recordkeeping, document imaging, et cetera. The authorizing statute provides for regular audits of the SJI. The Institute conducts its own oversight of grantees, and the practice of allowing a grantee to draw money for a project only on a monthly or quarterly basis allows SJI to cancel mismanaged projects. All familiar with the SJI appear to agree it performs worthy work. Federal judges, including Chief Judge Boggs of the 6th Circuit, have contacted me to laud the work of the SJI, and in particular, the educational programs it runs for judges. The Attorney General gave high marks to the SJI in a November 2002 report which specifically noted that the Institute has been effective, has complied with its statutory mission, and observes that some degree of support for State court innovation and improvement is a Federal interest. It is evident that the SJI deserves reauthorization, H.R. 2714 will do this. I urge my colleagues to support it today. Mr. Speaker, I yield back the balance of my time.

Mr. BERMAN

Mr. BERMAN. Mr. Chairman, I yield myself such time as I may consume. I have no further requests for time, but I do want to address this issue of outsourcing just to get the record straight here. As a general principle, I am opposed. I share the feelings of the gentlewoman from Ohio regarding the general proposition, the farming government responsibilities and jobs out to private entities and particularly when we are dealing with core government functions; and I think searches performed by patent examiners may be such core functions. But in H.R. 1561 what we took was an open-ended proposal from the Patent Office to allow outsourcing of searches, and working with the gentleman from Texas (Chairman Smith), with other committee members, with the PTO, with PTO employee unions, and with all the various industry groups, we put constraints on the ability to outsource allowed by the bill. Together with the gentleman from Texas (Chairman Smith), we developed a limiting amendment that was accepted with essentially no opposition in the Committee on the Judiciary; and the bill, as so amended, was reported out with Democrats and Republicans expressing just about unanimous support for the bill. H.R. 1561 prohibits the PTO from outsourcing until all of the following criteria are met: the PTO conducts a pilot project of limited scope for not more than 18 months to test the efficacy of outsourcing patent searches; secondly, that the pilot program must demonstrate that the searches performed by commercial entities are accurate and at least meet or exceed the standards conducted and used by the PTO; the director, third, must submit a report to Congress detailing the methodology of the pilot and containing a comparative evaluation of outsourced and patent examiner searches, addressing factors such as productivity, costs, and quality; fourth, and very importantly, the Patent Public Advisory Committee, an independent entity consisting of patent union representatives and PTO user groups, has to submit a report to Congress with a detailed analysis of the pilot project. And even after that, if that independent committee, all that concludes that it makes sense to outsource patent searches, nothing can happen until after 1 year so that Congress has a year to decide whether or not to continue to prohibit search outsourcing despite the results of these reports. H.R. 1561 prohibits the PTO from outsourcing searches unless all of these criteria are met. The National Treasury Union, every patent user organization that I know of, large companies, small companies, universities, nonprofits, all of them involved in the patent process all think this bill does not destroy the Patent Office. This bill is the most important thing to saving the whole patent process. And the whole point of even entertaining the idea of outsourcing is simply to deal with better quality, better productivity, and more time. I urge that H.R. 1561 be passed.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, seeing no other speakers seeking recognition on my side of the aisle, I yield back the balance of my time.